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NORTH CAROLINA 

REGISTER 



VOLUME 11 • ISSUE 1 • Pages 1 - 71 
April 1, 1996 



IN THIS ISSUE 

Final Decision Letter 

Environment, Health, and Natural Resources 

State Personnel 

Transportation 

Rules Review Commission 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 






APR 8 1996 

KATHRIOT ?t EVERETT 
LAW LIBRARY 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



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For more information, call or write: 

North Carolina 

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Digitized by the Internet Archive 

in 2011 with funding from 

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http://www.archive.org/details/northcarolina111nort 



NORTH CAROLINA 




IN THIS ISSUE 



I. IN ADDITION 

Environment, Health, and Natural Resources 

Solid Waste Management 

Voting Rights Act 



Volume 1 1 , Issue 1 
Pages 1-71 



2 - 12 
1 



n. RULE-MAKING PROCEEDINGS 

Environment, Health, and Natural Resources 

Wildlife Resources and Water Safety 

Transportation 
Motor Vehicles, Division of .......... 



13 
13 



III. PROPOSED RULES 

Environment, Health, and Natural Resources 

Wildlife Resources and Water Safety 



14-23 



April 1 , 1 996 



IV. TEMPORARY RULES 

Environment, Health, and Natural Resources 

Health Services 



24- 25 



This issue contains documents officially 
filed through March 11, 1996. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann III, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



V. APPROVED RULES 
State Personnel 

Office of State Personnel 26-27 

VI. RULES REVIEW COMMISSION 28 - 47 

VII. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 48 - 49 

Text of Selected Decisions 
95 EDC 0383 50-57 

95 OSP 0968 58-60 

96 OSP 0026 61 

VIII. CUMULATIVE INDEX 63 



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IN ADDITION 



This Section contains public notices that are required to be published in the Register or have been approved by the 
Codifier of Rules for publication. 



U.S. Department of Justice 

Civil Rights Division 

DLP:GS:RA:tlb Voting Section 

DJ 166-012-3 P.O. Box 66128 

95-3956 Washington, D.C. 20035-6128 

February 16, 1996 

Robert W. Oast, Jr., Esq. 

City Attorney 

P.O. Box 7207 

Greenville, North Carolina 27835-7207 

Dear Mr. Oast: 

This refers to seven annexations (Ordinance Nos. 95-69 to 71, 95-85 to 87, and 95-110) and their designation to 
districts of the City of Greenville in Pitt County, North Carolina, submitted to the Attorney General pursuant to Section 5 
of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on December 18, 1995; supplemental information 
was received on December 19, 1995. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 
5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

In addition, we are enclosing a copy of our November 15, 1995, preclearance letter regarding your prior submission 
of annexations because it appears you did not receive it. 

Sincerely, 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 



By: 



Elizabeth Johnson 
Acting Chief, Voting Section 



11:1 NORTH CAROLINA REGISTER April 1, 1996 



IN ADDITION 



PUBLIC NOTICE 

North Carolina Department of Environment, Health and Natural Resources 
Division of Solid Waste Management 

Post Office Box 27687 

Raleigh, North Carolina 27611-7687 

(919) 733-2178 

Notice is hereby given of the Division of Solid Waste Management's intent to enter into an Administrative Order 
on Consent (Consent Order) pursuant to Article 9, N.C.G.S. Chapter 130A with the Seaboard Group II, its Members and 
parties who arranged for disposal or treatment of certain minimal amounts of hazardous substances (De Micromis settlors) 
at the former Seaboard Chemical Corporation facility located at 5899 Riverdale Drive, Jamestown, Guilford County, North 
Carolina in order to allow the De Micromis settlors to resolve their liability for matters addressed in the Consent Order. 

The public comment period will extend for thirty (30) days following the publication of this notice. Comments 
regarding the Consent Order should be sent within this time frame and should be addressed to: William L. Meyer, Director, 
Division of Solid Waste Management, at the above address. 

All documents relating to this Consent Order, including the De Micromis Trust Fund Agreement, are available as 
part of the administrative record and can be reviewed at the following location during office hours (9:00 a.m. to 4:00 p.m.), 
Monday through Friday. 

Hazardous Waste Section 

401 Oberlin Road, Room 150 

Raleigh, North Carolina 27605 

call: (919) 733-2178, extension 311 for appointment 

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES 

DIVISION OF SOLID WASTE MANAGEMENT 

IN RE: 

DE MICROMIS SETTLEMENT 

FORMER SEABOARD CHEMICAL CORPORATION FACILITY 
JAMESTOWN, NORTH CAROLINA 

ADMINISTRATIVE ORDER 

ON CONSENT PURSUANT TO ARTICLE 9, 

N.C.G.S. CHAPTER BOA 

SEABOARD DE MICROMIS SETTLEMENT 

Table of Contents 

I. DEFINITIONS 

II. JURISDICTION 
m. PARTIES 

IV. INTRODUCTION AND STATEMENT OF PURPOSE 

V. DIVISION'S FINDINGS OF FACT 

VI. DIVISION'S DETERMINATIONS 

VII. ORDER 
Vm. PAYMENT 

JX. THE TRUST FUND 

X. CERTIFICATION OF DE MICROMIS SETTLORS 



NORTH CAROLINA REGISTER April 1, 1996 11:1 



IN ADDITION 



) 



XI. RELEASE AND COVENANT NOT TO SUE 

XII. RESERVATIONS OF RIGHTS 

XIII. COVENANT NOT TO SUE BY DE MICROMIS SETTLORS 

XIV. EFFECT OF SETTLEMENT/CONTRIBUTION PROTECTION 

XV. PARTIES BOUND 

XVI. INTEGRATION/APPENDICES 

XVII. DENIAL OF LIABILITY 

XVIII. PUBLIC NOTICE AND EFFECTIVE DATE 

Signature Page: DEHNR, Div. of Solid Waste Management 

Seaboard Group II 
Signature Page: De Micromis Settlor 
Signature Page: Non-De Micromis Settlor Member, Seaboard Group II 

Appendix A — List of Eligible De Micromis Parties 
Appendix B — De Micromis Trust Fund Agreement 
Appendix C — Transaction Summary 
Appendix D — List of De Micromis Settlors 

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES 

DIVISION OF SOLID WASTE MANAGEMENT 

IN RE: 
DE MICROMIS SETTLEMENT 

FORMER SEABOARD CHEMICAL CORPORATION FACILITY 
Jamestown, North Carolina 

ADMINISTRATIVE ORDER 

ON CONSENT PURSUANT TO ARTICLE 9, 

N.C.G.S. CHAPTER 130A 

The following constitutes the agreement of the parties hereto. The members of the Seaboard Group II, De Micromis 
Settlors and other parties hereunder concur with the Findings of Fact and Determinations contained herein solely for purposes 
of this Administrative Order on Consent ("Consent Order"). 

I. DEFINITIONS 

The following definitions apply to terms appearing in this Consent Order unless otherwise indicated. 

A. "CERCLA" shall mean the Comprehensive Environmental Response, Compensation and Liability Act of 
1980 as amended by the Superfund Amendments and Reauthorization Act ("SARA") of 1986, codified at 
42 U.S.C. § 9601, et sea. 

B. Chlorinated hydrocarbon" shall mean a hydrocarbon in which one or more of the hydrogen atoms has been 
replaced by chlorine. For purposes of this Consent Order any substance whose identification on manifests, 
bills of lading, invoices, shipping/receiving logs or other documents used to develop the waste-in allocation 
data base for the Facility includes any of the following letters or numerals: "CHLOR;" "PERC;" "1, 1 or 
11;" "1, 1, 1 or 111;" "FREON;" "HALO;" or "ORM-E" shall be deemed to be a chlorinated hydrocarbon 
hazardous substance unless the Executive Committee of the Seaboard Group II determines otherwise with 
respect to a particular substance based on analytical data or other information submitted to the Executive 
Committee by the person potentially responsible for the substance. 

C. "City" shall mean the City of High Point, North Carolina, a municipal corporation organized and existing 
under the laws of the State of North Carolina. 

D. "Department" shall mean the North Carolina Department of Environment, Health and Natural Resources. 



11:1 NORTH CAROLINA REGISTER April 1, 1996 



IN ADDITION 



E. "Director" shall mean the Director of the Division of Solid Waste Management of the North Carolina 
Department of Environment, Health and Natural Resources. 

F. "Division" shall mean the Division of Solid Waste Management of the North Carolina Department of 
Environment, Health and Natural Resources. 

G. "De Micromis Parties" shall mean those parties who arranged for disposal or treatment of no more than 
5000 gallons of hazardous substances at the Seaboard facility, of which not more than 2000 gallons were 
chlorinated hydrocarbons. 

H. "De Micromis Settlor" shall mean a De Micromis Party that has elected to resolve or satisfy its liabilities 

for matters addressed, and its directors, officers, employees, successors and assigns. 

I. "Facility" or "former Seaboard Chemical Corporation Facility" shall mean the property formerly owned 

and operated by Seaboard Chemical Corporation at 5899 Riverdale Drive, Jamestown, Guilford County, 
North Carolina, EPA Identification No. NCD-071-574-164, which is now under the control of the Trustee 
in Bankruptcy of the Seaboard Chemical Corporation, and any site or area into or onto which a hazardous 
substance placed, treated, stored or disposed of at said Seaboard Chemical Corporation property has 
migrated. 

J. "Hazardous substance" shall be defined as provided for in CERCLA, 42 U.S.C. § 9601(14). 

K. "Landfill" shall mean the City of High Point's former Riverdale Drive Landfill, Jamestown, Guilford 

County, North Carolina. 

L. "Matters addressed" in this Consent Order shall mean (1) all response actions taken by the State, the United 

States and by private parties, and all response costs incurred and to be incurred by the State, the United 
States, and by private parties at or in connection with the Facility; and (2) any claims or demands for 
injury or damages to person or property solely arising out of or relating to performance of response actions 
at the Facility. 

Notwithstanding the preceding, "matters addressed" shall not include claims for Natural Resource Damages, 
claims by persons not a party hereto for personal injury, property damage or other economic loss, claims 
arising from any future arrangement for disposal or treatment of additional hazardous substances at the 
Facility after the effective date of this Consent Order, or claims arising out of the treatment or disposal of 
hazardous substances at the Landfill against the person or party who arranged to dispose or treat such 
substances at the Landfill or who transported such substances to the Landfill. 

M. "Natural Resource Damage" shall be defined as provided in CERCLA, 42 U.S.C. §§ 9607 and 9601(16) 

or any similar state law or regulation. 

N. "Person" shall have the meaning provided in CERCLA § 101(21), 42 U.S.C. § 9601(21). 

O. "Response Costs" shall have the meaning provided in CERCLA § 101(25), 42 U.S.C. § 9601(25), and 

shall include but not be limited to costs incurred in performing a Remedial Investigation/Feasibility Study, 
Remedial Design and Remedial Action. 

P. "Seaboard" shall mean Seaboard Chemical Corporation; Seaboard Chemical Corporation of Guilford, NC; 

its principals, officers and directors and the trustee in bankruptcy of Seaboard Chemical Corporation. 

Q. "Seaboard Group I" shall mean the unincorporated association of parties that undertook the Seaboard Group 

I Removal Action at the Facility. 

R. "Seaboard Group I Removal Action" shall mean the surface removal action and the initial remedial site 

inspection of the Facility that the Seaboard Group I caused to be conducted. 

S. "Seaboard Group II" or "Group" shall mean the unincorporated association of parties formed to conduct 

certain further response actions at the Facility pursuant to the Seaboard Group II Joint Defense and 



NORTH CAROLINA REGISTER April 1, 1996 11:1 



IN ADDITION 



Participation Agreement. 

T. "Seaboard De Micromis Trust" and "Trust Fund" shall mean the trust established to receive De Micromis 

Buyout Payments and which is intended to be treated as a qualified settlement fund in accordance with 
Treasury Regulations Section 1.468B-1, or any successor provision thereto. 

U. "Secretary" shall mean the Secretary of the North Carolina Department of Environment, Health and Natural 

Resources. 

V. "State" shall mean the state of North Carolina and all of its agencies and instrumentalities. 

W. "Transaction Summary" shall mean the summary of the quantity currently attributed to the De Micromis 

Party by the waste-in allocation data base adopted by the Seaboard Group II as of the effective date of this 
Agreement, which summary is attached hereto as Appendix C and which may only be modified by the 
Executive Committee of the Seaboard Group II for purposes of this Consent Order pursuant to information 
submitted under Section 1(B) and Section X. 

n. JURISDICTION 

The Secretary has authority to enter into this Consent Order pursuant to Article 9 of Chapter 130 A of the North 
Carolina General Statutes, N.C.G.S. § 130A-290, et segi. The Secretary has delegated this authority to the Director. 

ID. PARTIES 

This Consent Order is entered by and among: 

A. The Division; 

B. The Seaboard Group II and its Members; and 

C. De Micromis Settlors. 

IV. INTRODUCTION AND STATEMENT OF PURPOSE 

This Consent Order is entered into for the purpose of providing each De Micromis Settlor the opportunity to resolve 
or satisfy all claims and liabilities for matters addressed herein. 

V. DIVISION'S FINDINGS OF FACT 

A. Seaboard operated the Facility from approximately 1974 to 1989. From approximately 1974 to 1989 
Seaboard received, treated, stored and disposed of hazardous substances at the Facility. Among other 
activities performed, Seaboard reclaimed spent solvents by distillation and blended high-BTU substances 
for sale as fuel. 

B. Seaboard obtained the hazardous substances it stored, treated or disposed of at the Facility, from a broad 
range of customers, many of whom are members of the Seaboard Group II. 

C. On or about November 15, 1989, Seaboard Chemical Corporation discontinued operations and filed for 
bankruptcy. A substantial quantity of hazardous substances remained at the Facility in drums, tanks and 
other structures. 

D. On or about May 29, 1992, the Department issued an Imminent Hazard Order, pursuant to N.C.G.S. § 
130A-303, ordering all responsible parties to abate the hazard at the Facility. At the same time, the 
Division and the members of Seaboard Group I entered into an Administrative Order on Consent under 
which the members of Seaboard Group I agreed to undertake, perform and finance the Seaboard Group 
I Removal Action in accordance with the Work Plan for Surface Removal. 



11:1 NORTH CAROLINA REGISTER April 1, 1996 



IN ADDITION 



E. By letter dated February 18, 1993 to the Trustee in Bankruptcy of Seaboard Chemical Corporation, the 
Division acknowledged completion of the Work Plan for Surface Removal. 

F. The City owns and formerly operated the Landfill which, beginning in 1974 and until October 1993, 
received solid waste for disposal under DHS Permit No. 41-01. The Landfill is located adjacent to the 
Facility. 

G. On or about January 4, 1991, the Division issued an Administrative Order to the City requiring it to 
address groundwater and surface water conditions at and in the vicinity of the Landfill. The City 
completed specific tasks and thereafter, in October, 1993, discontinued active operations at the Landfill. 

H. In March, 1995, the Division required the City to submit a plan for the next phase of groundwater 

contamination assessment at the Landfill. The Division encouraged the City to work with the Seaboard 
Group II to assess the contamination at both the Landfill and the Facility. 

I. Soil sampling at the Facility has revealed the presence of volatile organic compounds and semi-volatile 

organic compounds, including but not limited to acetone, 1 ,2-dichlorobenzene, 1,1-dichloroethene, 1,2- 
dichloroethene (total), methylene chloride, 1,1,1-trichloroethane, phenol, and naphthalene, bis-2 ethyl hexyl 
phthalate, and 1,2,4 trichlorobenzene. 

J. Groundwater sampling at the Facility has revealed the presence of volatile organic compounds and semi- 

volatile organic compounds, including but not limited to acetone, benzene, 1,1-dichloroethane, 1,2- 
dichloroethane, 1,1-dichloroethene, 1,2-dichloroethene (total), methylene chloride, 1,1,1-trichloroethane, 
phenol, and naphthalene. 

K. Each De Micromis Party arranged for the disposal or treatment of hazardous substances at the Facility in 

an amount that is minimal in comparison to other hazardous substances at the Facility. 

L. Further response action is required to address soil and groundwater contamination at and from the Facility. 

M. The Members of Seaboard Group II, the City and the Division have entered into an Administrative Order 

on Consent whereby the Members of Seaboard Group II and the City have agreed to perform a Remedial 
Investigation of the Facility and the Landfill pursuant to a Work Plan approved by the Division. 

VI. DIVISION'S DETERMINATIONS 

A. Hazardous substances have been disposed of or treated at the Facility. 

B. Each De Micromis Party arranged for the disposal or treatment of hazardous substances at the Facility. 

C. There has been a release or threatened release of hazardous substances at the Facility. 

D. The amount of hazardous substances contributed to the Facility by each De Micromis Party is minimal in 
comparison to other hazardous substances at the Facility. 

VII. ORDER 

Based upon the administrative record for the Facility and the Statement of Facts and Determinations set forth above, 
and in consideration of the promises and covenants set forth herein, the following is hereby AGREED TO AND ORDERED. 

VIII. PAYMENT 

A. Within 30 days of the effective date of this Consent Order, each De Micromis Settlor shall make the 
applicable De Micromis Buyout Payment(s) in the manner set forth in Subsection B below, or pay One 
Thousand Dollars ($1,000.00), whichever is greater. 

B. 1. The De Micromis Buyout payment(s) set forth below shall be made by each De Micromis Settlor 



NORTH CAROLINA REGISTER April 1, 1996 11:1 



IN ADDITION 



as applicable. 

(a) Payments for "Phase I and Phase II Reimbursement Costs" shall be made by check payable 
to Seaboard Group II. 

(b) Payments for "Response Costs" shall be made by a separate check payable to the Seaboard 
De Micromis Trust. 

(c) Where only the minimum $ 1 ,000 payment is due, $300 of such minimum payment shall be 
made by check payable to Seaboard Group II and $700 of such minimum payment shall be made 
by a separate check payable to the Seaboard De Micromis Trust. 

(d) To be eligible for settlement, each De Micromis Settlor must make all applicable Buyout 
Payments in the manner specified herein. 

2. Phase I and Phase II "Reimbursement Costs Payment": 

(a) "Phase I Reimbursement Costs" (if De Micromis Settlor did not participate in Seaboard Group 
I): 

i. administrative assessment $100.00 

ii. buyout payment $.39/gal. for each gallon 

attributed to the Settlor in 
the Transaction Summary. 

iii. late payment 10% of i + ii above. 

(b) "Phase II Reimbursement Costs" (if De Micromis Settlor is not a member of Seaboard Group 
II): $250.00 

(c) Phase I and Phase II Reimbursement Costs Payments shall be made by one separate check 
made payable to the Seaboard Group II, which check shall reference the name and address of the 
party making payment. 

3. De Micromis "Response Costs Payment:" 

(a) chlorinated hydrocarbon hazardous substances $ 12.00/gal. for each gal- 

lon attributed to Settlor in 
the Transaction Summary. 

(b) other hazardous substances $ 5.00/gal. for each gal- 

lon attributed to Settlor in 
the Transaction Summary. 

(c) The De Micromis "Response Costs Payment" shall be made by one separate check made 
payable to the Seaboard De Micromis Trust, which check shall reference the name and address 
of the Party making payment. 

1 . The De Micromis Buyout payments are intended to cover (a) past response costs incurred at or 

in connection with the Facility, including any obligations or responsibilities under any previous Consent 
Order concerning the Facility; (b) future response costs to be incurred at or in connection with the 
Facility, including but not limited to any obligations or responsibilities under any pending or future Consent 
Order concerning the Facility; (c) a premium to cover the risks and uncertainties associated with this 
settlement, including but not limited to, the risk that total response costs incurred or to be incurred at or 
in connection with the Facility will exceed the estimated total response costs upon which such payments 
are based and the risk that not all potentially responsible parties at the Facility will pay for their share of 



11:1 NORTH CAROLINA REGISTER April 1, 1996 



IN ADDITION 



response costs at the Facility; and (d) administrative and transaction costs. 

2. Phase I and Phase II "Reimbursement Costs Payments" received by Seaboard Group II shall be 
used by the Group for Response Costs and for related Group administrative and transaction costs. 

3. De Micromis "Response Costs Payments" shall be used by the Trustees of the Seaboard De 
Micromis Trust to perform and pay for Response Costs incurred at or in connection with the Facility. 

IX. THE TRUST FUND 

A. Seaboard Group II shall establish a trust fund to be known as the Seaboard De Micromis Trust Fund 
substantially in the form attached at Exhibit B hereto and incorporated herein by reference. 

B. All Response Costs Payments received from De Micromis Settlors pursuant to this Consent Order shall be 
deposited into the Trust Fund. 

C. The Trust Fund shall be held in an interest bearing account. The Trust Fund is intended to be treated as 
a qualified settlement fund as described in Treasury Regulations Section 1.468B-I. Accordingly, all taxes 
due and owing on interest earned by the Trust Fund shall be paid by the Trust Fund. 

D. The principal of the Trust Fund, together with any interest accrued thereon, shall be distributed for 
payment of Response Costs, taxes on the Trust Fund, and costs of administering the Trust Fund. To the 
extent practicable, Funds in the Trust Fund shall be used by Seaboard Group II prior to use of other monies 
from Seaboard Group D Members. 

E. If all the Members of the Seaboard Group II decline, fail or refuse to undertake response action demanded 
by the State of North Carolina, then any funds remaining in the Trust Fund shall be paid to the State for 
response costs related to the Facility. 

X. CERTIFICATION OF DE MICROMIS SETTLORS 

By signing this Consent Order, each De Micromis Settlor certifies, individually, that: 

A. Prior to the signing of this Consent Order, it has conducted a reasonable, good faith search for documents, 
and at the time of signing this Consent Order will provide to the Seaboard Group II Executive Committee 
all information currently in its possession which relates in any way to the treatment or disposal of a 
hazardous substance, pollutant, or contaminant at or in connection with the Facility, including without 
limitation any laboratory analyses or other information which establishes the chemical composition of such 
hazardous substances, pollutants or contaminants; or it has executed the Certification on the signature page 
of this Consent Order that no such documents could be found. 

B. It will not alter, mutilate, discard, destroy or otherwise dispose of any records, documents, or other 
information relating to its potential liability regarding the Facility; and 

C. To the best of its knowledge and belief, the volume on which the De Micromis Buyout Payment is based, 
according to the Transaction Summary setting forth its allocation attached hereto as Appendix C, is correct 
and accurate. 

XI. RELEASE AND COVENANT NOT TO SUE 

In consideration of the payments that will be made by De Micromis Settlors under the terms of the Consent Order, 
and except as specifically provided in Section XII (Reservations of Rights), the State and the Seaboard Group II and its 
Members release and covenant not to sue or take administrative action against any De Micromis Settlor pursuant to Sections 
106, 107 or 113 of CERCLA, 42 U.S.C. §§ 9606, 9607, or 9613, Section 7003 of the Resource Conservation and Recovery 
Act, 42 U.S.C. § 6973 or any State statute or common law relating to the Facility. With respect to past, present and future 
liability, this covenant not to sue shall take effect for each De Micromis Settlor after payment and clearance of all applicable 
De Micromis Buyout Payment(s) as required pursuant to Section VIII hereof. With respect to each De Micromis Settlor 
individually, this covenant not to sue is conditioned upon: (a) the satisfactory performance by the De Micromis Settlor of 



NORTH CAROLINA REGISTER April 1, 1996 11:1 



IN ADDITION 



all applicable obligations under this Consent Order; (b) the truthfulness of the certifications in Section X; and (c) not having 
arranged for disposal or treatment of more than 5,000 gallons of hazardous substances at the Facility, nor more than 2,000 
gallons of chlorinated hydrocarbons. This covenant not to sue extends only to the De Micromis Settlor and does not extend 
to any other person. 

XII. RESERVATIONS OF RIGHTS 

A. The covenant not to sue set forth above does not pertain to any matters other than those expressly specified. 
This Consent Order is without prejudice to all rights with respect to all other matters including, but not 
limited to: 

1. liability for failure to meet a requirement of this Consent Order; 

2. criminal liability; 

3. liability for damages or injury to, destruction of, or loss of natural resources, and for the costs 
of any Natural Resource Damage assessments; 

4. liability for claims by persons not a party hereto for personal injury, property damage or other 
economic loss; 

5. liability arising from any future arrangement for disposal or treatment of additional hazardous 
substances, pollutants or contaminants at the Facility after the effective date of this Consent Order; 

or 

6. liability arising from any hazardous substances that the De Micromis Settlor arranged to dispose 
or treat at the Landfill or that the De Micromis Settlor transported to the Landfill. 

B. This Consent Order is without prejudice to the power and right of the State or the Seaboard Group II or 
its Members to institute judicial or administrative proceedings against any De Micromis Settlor respecting 
the Facility if information is discovered which indicates that such party does not qualify as a De Micromis 
Party. However, if information discovered subsequent to the certifications by the De Micromis Settlor 
pursuant to Section X of this Consent Order merely changes the volume of gallons attributed to a De 
Micromis Settlor in the Transaction Summary but does not make said party ineligible to quality as a De 
Micromis Party, then no adjustment shall be made to that De Micromis Party's Buy-out Payment(s) unless 
a certification made by said Party under Section X was knowingly false. 

Xffl. COVENANT NOT TO SUE BY DE MICROMIS SETTLORS 

A. De Micromis Settlors participating in this Consent Order covenant not to sue and agree not to assert any 
claims or causes of action against the State, the Members of the Seaboard Group II or their contractors or 
employees with respect to the Facility or this Consent Order, except as a counterclaim or crossclaim 
asserted in response to a claim brought pursuant to Section XTJ.B., above. 

B. De Micromis Settlors covenant not to sue and agree not to assert any claims or causes of action against 
each other with regard to the Facility. 

XTV. EFFECT OF SETTLEMENT/CONTRIBUTION PROTECTION 

A. Nothing in this Consent Order shall be construed to create any rights in, or grant any cause of action to, 
any person not a party to this Consent Order. The State, Seaboard Group II and its Members and De 
Micromis Settlors each reserve any and all rights (including, but not limited to, any right to contribution), 
defenses, claims, demands, and causes of action which each party may have with respect to any matter, 
transaction, or occurrence relating in any way to the Facility against any person not a party hereto. 

B. The Parties agree that each De Micromis Settlor is entitled, upon payment and clearance of the De 
Micromis Buyout Payment(s), to protection from contribution actions or claims to the full extent provided 



11:1 NORTH CAROLINA REGISTER April 1, 1996 



IN ADDITION 



by law under Sections 113(f)(2) and 122(g)(5) of CERCLA, 42 U.S.C. §§ 9613(f)(2) and 9622(g)(5) or 
other statutes, for matters addressed as defined in Section I-L of this Consent Order. 

C. AH other Administrative Orders on Consent pertaining to the Facility heretofore entered by a De Micromis 

Settlor shall be deemed to be satisfied by performance of this Consent Order and shall be of no further 
force and effect as to such De Micromis Settlor. 

XV. PARTIES BOUND 

This Consent Order shall apply to and be binding upon the State, Seaboard Group II and each of its Members, De 
Micromis Settlors, and their respective successors and assigns. Each signatory to this Consent Order certifies that he or she 
is authorized to enter into the terms and conditions of this Consent Order and to execute and bind legally the party 
represented by him or her. 

XVI. INTEGRATION/APPENDICES 

This Consent Order and its Appendices constitute the fmal, complete and exclusive agreement and understanding 
among all parties with respect to the settlement embodied in this Consent Order. This Consent Order supersedes any prior 
or pending Consent Order concerning the Facility to which any De Micromis Settlor may be a party. The parties 
acknowledge that there are no representations, agreements or understandings relating to the settlement other than those 
expressly contained in this Consent Order. The following Appendices are attached to and incorporated into this Consent 
Order: 

A. "Appendix A" is the list of Eligible De Micromis Parties. 

B. "Appendix B" is the De MicromisTrust Fund Agreement. 

C. "Appendix C" is the Transaction Summary. 

D. "Appendix D" is the list of De Micromis Settlors. 

XVII. DENIAL OF LIABILITY 

In entering into this Consent Order, the De Micromis Settlors and the Members of Seaboard Group U do not admit 
any fact, fault, or liability whatsoever at the Facility, and they retain the right to controvert in any subsequent proceedings, 
other than proceedings for the purpose of implementing or enforcing this Consent Order, the validity of the Findings of Fact 
or Determinations contained in this Consent Order. Further, the participation by any party in this Consent Order shall not 
be considered an admission of liability for any purpose. 

XVIII. PUBLIC NOTICE AND EFFECTIVE DATE 

The Division shall cause notice of this Consent Order to be published in the North Carolina Register and shall 
thereby solicit public comment. This Consent Order shall become effective 30 days after such publication, unless the Parties 
agree that this Consent Order shall be modified in view of public comments.. 

IT IS SO AGREED AND ORDERED. 

The North Carolina Department of Environment, Health and Natural Resources, Division of Solid Waste Management enters 
into this Consent Order in the matter of the former Seaboard Chemical Corporation Facility. 

By: 

Date of Signature / / 

Name (Print): 

Title: 



10 NORTH CAROLINA REGISTER April 1, 1996 11:1 



IN ADDITION 



The Seaboard Group II enters into this Consent Order in the matter of the former Seaboard Chemical Corporation Facility. 
Seaboard Group II 



By: 
Title: 

Date of Signature: 
Name (Print): 



Signature 
Chairman, Seaboard Group II Executive Committee 
As Authorized by Vote of the Members of the Seaboard Group II 



/ 



THE UNDERSIGNED De Micromis Settlor enters into this Consent Order in the matter of the former Seaboard Chemical 
Corporation Facility. By executing this Consent Order, the undersigned De Micromis Settlor certifies that all documents 
identified pursuant to Section X(A) hereof are enclosed, or that after a reasonable, good faith search, no such documents 
could be found. 



Potentially Responsible Party (PRP) Name: 
By: 



Signature 



Date of Signature: 
Name (Print): 
Title: 



/ 



Company/Firm Name: 

(if different from PRP name) 

Address: 

Phone: 



Fax No. 



Member, Seaboard Group II : 
Member, Seaboard Group I: 
Taxpayer Identification Number: 
IRS District Office Address: 

Documents Enclosed: 



YES 



NO 



THE UNDERSIGNED non-De Micromis Settlor Member of the Seaboard Group II enters into this Consent Order in the 
matter of the former Seaboard Chemical Corporation Facility. 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



11 



IN ADDITION 



Potentially Responsible Party (PRP) Name 
By: 



Signature 

Date of Signature: / / 

Name (Print): 

Title: 



Company/Firm Name: 

(if different from PRP name) 

Address: 



Phone: Fax No. 



12 NORTH CAROLINA REGISTER April 1, 1996 11:1 



RULE-MAKING PROCEEDINGS 



TITLE ISA - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER 10F - MOTORBOATS AND WATER 
SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 



SECTION .0500 - SAFETY RULES AND 
REGULATIONS 



Notice of Rule-making Proceedings is hereby given by 
the North Carolina Department of Transportation - 
Division of Motor Vehicles in accordance with G.S. 
150B-2 1.2(b). The agency shall subsequently publish in the 
Re gister the text of the rule(s) it proposes to adopt as a 
result of this notice of rule-making proceedings and any 
comments received on this notice. 



SUBCHAPTER 10G - DISTRIBUTION AND SALE 

OF HUNTING: FISHING: AND TRAPPING 

LICENSE 

Notice of Rule-making Proceedings is hereby given by 
the NC Wildlife Resources Commission in accordance 
with G.S. 150B-2 1.2(b). The agency shall subsequently 
publish in the Register the text of the rule(s) it proposes to 
adopt as a result of this notice of rule-making proceedings 
and any comments received on this notice. 

Rule Citation: ISA NCAC 10F .0300 and ISA NCAC WG 

Statutory Authority for the rule-making: G.S. 75A-3: 
75 A- IS: 113-34: 113-270.1 

Statement of the Subject Matter: 

15 A NCAC 10F .0300 - Establishment of criteria for 

creation of exclusion zones in designated public waters 

adjacent to power plants. 

ISA NCAC 10G - Revise/amend requirements for all wildlife 

service agents. 



Rule Citation: 19A NCAC 3E .0501 - .0502, .0510 - 
.0515, .0518 - .0519, .0522 



Statutory Authority for the rule-making: 

378 



G.S. 20-86: 20- 



Statement of the Subject Matter: Rules set out procedures 
to certify, license, register, permit, and insure far-hire 
interstate vehicles which operate in North Carolina. 

Reason for Proposed Action: Rules are proposed far 
amendment to reflect technical changes necessitated by 
recodification. Other amendments clarify far-hire vehicle 
requirements which are currently enforced. 

Comment Procedures: Any interested person may submit 
written comments on the proposed rules by mailing the 
comments to Emily Lee, Department of Transportation , PO 
Box 25201, Raleigh, NC 27611, telephone (919) 733-2520. 



Reason for Proposed Action: 

ISA NCAC 10F .0300 - To avoid accidents and insure 
public safety. 

15A NCAC 10G - To establish uniform requirements for 
Wildlife Sen-ice Agents and to set out operating parameters 
for electronic customer support systems. 

Comment Procedures: The record will be open for receipt 
of written comments from April 1, 1996 - June 3, 1996. 
Such written comments must be delivered or mailed to the 
North Carolina Wildlife Resources Commission, 512 North 
Salisbury Street. Raleigh, NC 27604-1 188. 



TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

CHAPTER 3 - DIVISION OF MOTOR VEHICLES 

SUBCHAPTER 3E - INTERNATIONAL 
REGISTRATION PLAN (IRP) SECTION 



11:1 



NORTH CAROUNA REGISTER 



April 1, 1996 



13 



PROPOSED RULES 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 
15 OB -2 1.2(c) that the North Carolina Wildlife Re- 
sources Commission intends to adopt rule cited as 15A 
NCAC 10F .0109 and amend rules 10F .0102 - .0107, 
.0305, .0310, .0342 and .0348. 

Proposed Effective Date: March 2, 1997 

A Public Hearing will be conducted at the 10:00 a.m. on 
April 17, 1996 at the Archdale Building, Room 332, 512 N. 
Salisbury Street, Raleigh, NC 27604. 

Reason for Proposed Action: 

15 A NCAC 10F .0102 - .0107 and .0109 - To eliminate 

statutory redundancy and to conform the rules to the current 

practices regarding titling and registering boats. 

15A NCAC 10F .0305, .0310, .0342, .0348 - To regulate 

boat speeds in congested areas. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearings. In addi- 
tion, the record of hearing will be open for receipt of written 
comments from April 1, 1996 - May 1, 1996. Such written 
comments must be delivered or mailed to the North Carolina 
Wildlife Resources Commission, 512 North Salisbury Street, 
Raleigh, North Carolina 27604-1188. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER 10F - VESSELS AND WATER 
SAFETY 

SECTION .0100 - VESSEL REGISTRATION 

.0102 APPLICATION FOR CERTIFICATE OF 
VESSEL NUMBER 

(a) — G e n e ral: 

iM Exe e pt as provid e d in Subparagraph (2) of 

this Paragraph, th e own e r of any motorboat 
principally us e d in th e Stat e of North Carolina 
shall, prior to its us e . apply for a certificat e of 
numb e r on an official application form p fe- 
vid e d by th e Wildlif e R e eouro e s Commission. 

(2^ Motorboats own e d by th e Unit e d Stat e s, a 

s tat e , or a s ubdivision th e r e of ar e e x e mpt 
from r e quir e d numb e ring, but may b e num 
b e r e d und e r th e provisions of Rul e .010 4 (a)(5) 
of this S e ction. — Motorboats own e d and op e r 



at e d by non profit r e scu e squads ar e r e quired 
to b e numb e r e d, but if they are op e rat e d 
oxoluoivoly for reooue purposes, — inoluding 
r e oou e training, th e y may b e numb e r e d with 
out oharg e ao by a govornmontal entity as 
provid e d by Rul e .010 4 (a)(5) of this S e ction, 

0) P e nding r e c e ipt of a r e gular oertifioat e of 

number, a motorboat may bo operat e d for not 
mor e than 60 days under a temporary o e rtifi 
cat e of numb e r. — (S ee Rule .0103 of this 
S e ction) 

{A) Application form s may b e obtain e d by apply 

ing to the Wildlife R e oouro e o Commission at 
the addr e ss shown in Subparagraph (a)(5) of 



this Rul e , to 



boat deal e r or boat manufao 



«*y 

tur e r who is qualifi e d as an ag e nt for th e 
purpos e of issuing t e mporary o e rtifioat e o of 
number [Sco Rul e .0103(d) of this Section], or 
to any North Carolina o e rtifi e d hunting and 
fishing lio e no e agent. 

{£) The completed application shall b e forwarded 

ten — Motorboat R e gistration S e ction, Wildlif e 
Reoouro e o Commission, Arohdnl e Building, 
512 North Salisbury Street, Ral e igh, North 
Carolina 27611. 
fb) — Individual Own e r s . — Th e application shall contain 
th e following information : - 

{4^ nam e of own e r; 

(2-) addr e ss of own e r, inoluding zip cod e ; 

f34 dat e of birth of owner; 

(4) oitLzenohip of owner; 

(§) stat e of principal us e of vessel; 

(6) preo e nt or pr e vious boat numb e r (if any); 

f7) desired p e riod of r e gistration (on e or three 

years); 

f&) us e of v e csel (pleasur e , liv e ry, demonstration, 

comm e rcial passenger, comm e rcial fishing, 

oth e r); 

make of vessel (if known); 



(13)- 



year — ef — manufactur e — er — mod e l — yeaf — (if 

known); 

manufactur e r' s hull id e ntification numb e r (if 

aay>t 

overall l e ngth of v e ss e l; 

f$-3-) typ e of vess e l (open, cabin, hous e , other); 

ft-4) hull mat e rial (wood, st ee l, aluminum, fib e r 

glass, plastic, other); 
ffS-) typ e of propulsion (inboard, outboard, in 

board outdriv e . — setH-, — asd — engin e make — if 

availabl e ); 

f4-6) typo of fuel (gasoline, dicoel, oth e r); 

{¥£) c e rtification of ownership; 

f4-&) signature of own e r. 

fe} — Livery Motorboat Own e rs. — The registration and 



14 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



PROPOSED RULES 



numbering requirements of thio Sootion shall apply to 
livory motorboats, e xc e pt that in any oaoo whore th e 
motor io not rented with the vooool, th e doooription of th e 
motor and typo of fuel may bo omitt e d from th e applioa 

(d) Doaloro and Manufactur e rs 

Q) The r e gistration and numbering r e quir e m e nt s 

of thio Sootion ohall apply to d e alers in and 
manufactur e rs of motorboato. 

{3) Application for a oortifioato of numb e r ohall 

bo made on tho approv e d application form 
proooribed in thio Regulation, — D e al e rs and 
manufacturers ohall oortify that thoy are d e al 
oro or manufactur e rs, which e v e r tho oase may 
ber 

(3} Tho application, aooompani e d by a f ee of fiv e 

dollars and fifty oonts ($5.50), or thirteen 
dollars ($13.00) in ch e ck or mon e y ord e r as 
appropriate in aooordano e with tho provisions 
of Subparagraph (2) of Paragraph (a) of this 
Rule, shall bo forward e d to th e addr e ss stat e d 
in this Rul e . — [soe Subparagraph .0102(a)(5) 
of this Rul e ], 

(4) Upon r e ooipt by the Wildlife Rosouro e s Com 

miooion of a properly oompl e tod application 
and foe, it ohall iooue to th e applicant a 
deal e r's or manufacturer's c e rtificat e of num 
bor as appropriat e , whioh may b e us e d in 
connection with th e op e ration of any motor 
boat in the pooo e ooion of ouch d e al e r or manu 
faoturor, when th e boat io being used for 
demonstrativ e purposes. — Additional deal e rs' 
or manufactur e rs' c e rtificates of numb e r may 
bo obtain e d by making application in th e s am e 
manner as prescrib e d for th e initial certificat e 
with paym e nt of an additional f ee of fiv e 
dollars and fifty o e nto ($5.50), or thirt ee n 
dollars ($13.00) in oh e ok or mon e y ord e r as 
appropriat e in aooordanoo with th e provisions 
of Subparagraph (2) of Paragraph (a) of this 
Rul e , for e aoh additional o e rtifioat e . 

(5) D e al e rs and manufactur e rs hav e th e option of 

r e gist e ring individual motorboats on a p e rma 
n e nt basis und e r th e provisions of Paragraph 
(b) of thio Rule. 

(6) A "manufactur e r" as th e t e rm io uo e d in th e s e 

r e gulationo is defined as a person, firm, or 
corporation e ngag e d in th e busin e ss of manu 
faoturing vessels e ith e r upon prior commission 
or for th e purpos e of s e lling th e m aft e r manu 
faoturo. — A "d e al e r" as th e term is us e d in 
th e s e r e gulationo is d e fin e d as a p e rson, fir mr 
or corporation e ngag e d in th e busin e ss of 
off e ring v e ss e ls for salo at r e tail or wholesale 



from an e stablish e d looation or locations. 

(a) General: Every owner of a vessel required to be 
numbered pursuant to G.S. 75A-4 and 75A-7 shall apply to 
the Vessel Registration and Title Section of the North 
Carolina Wildlife Resources Commission or to one of its 
authorized agents for a certificate of vessel number using an 
approved application form. 

(b) Individual Owners of Vessels. The application shall 
contain the following information: 

(1) name of owner (s); 

(2) address of owner, including zip code: 

(3) state of principal use of vessel; 

(4) present or previous vessel registration number (if 
any): 

(5) desired period of registration (one or three 
years); 

(6) use of vessel (pleasure, livery, demonstration, 
commercial passenger, commercial fishing, 
other); 

(7) make of vessel (if known); 

(8) year of manufacture or model year (if known); 

(9) manufacturer's hull identification number (if 
any); 

(10) overall length of vessel; 

(1 1) type of vessel (open, cabin, houseboat, other); 

(12) hull material (wood, metal fiberglass, inflatable, 
other); 

(13) type of propulsion (inboard; outboard; 
inboard-outdrive; jet drive; sail); 

(14) type of fuel (gasoline, diesel. electricity other); 

(15) proof of ownership document; 

(16) signature of owner(s). 

(c) Livery Vessel Owners. A "livery" vessel is one that 
is rented or leased to an individual for a specific time period 
by the owner. The registration and numbering requirements 
of G.S. 75A-4 and 75A-7 shall apply to livery vessels. In 
any case where the motor is not rented with the vessel, the 
description of the motor and type of fuel may be omitted 
from the application. The standard a pplication form for 
vessel registration shall be used for livery vessels with the 
term "livery" marked in the section designated for "use of 
vessel." 

(d) Dealers and Manufacturers of Vessels. A "manufac- 
turer" as the term is used in these Rules is defined as a 
person, firm, or corporation engaged in the business of 
manufacturing vessels either upon prior commission or for 
the purpose of selling them after manufacture. A "dealer" 
as the term is used in these Rules is defined as a person, 
firm, or corporation engaged in the business of offering 
vessels for sale at retail or wholesale from an established 
location(s). The registration and numbering requirements of 
G.S. 75A-4 and 75A-7 shall apply to vessels belonging to 
dealers and manufacturers. The standard application for a 
certificate of vessel number shall be used for dealer and 
manufacturer certificates with the term "demonstration" 



marked in the section designated for "use of vessel." Upon 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



15 



PROPOSED RULES 



receipt of a properly completed application and fee for 
dealer or manufacturer vessel registration, the Wildlife 
Resources Commission shall issue to the applicant a dealer's 
or manufacturer's certificate of vessel number, as appropri- 
ate, which may be used in connection with the operation of 
any vessel in the possession of the dealer or manufacturer 
when the vessel is being demonstrated. Additional dealer's 
or manufacturer's certificates of vessel number may be 
obtained by making application in the same manner as 
prescribed for the initial certificate with payment of an 
additional fee for each additional certificate. Dealers and 
manufacturers have the option of registering individual 
vessels in accordance with Rule .0104(a) of this Section. 

Authority G.S. 75A-3; 75A-5; 75A-7; 75A-19; 33 C.F.R. 
174.17.' 

.0103 TRANSFER OF OWNERSHIP 

(a-) Transfer Dir e ot from One Individual — Own e r to 

Another Individual Owner 



ahall dato and sign tho cortificato of numbor on 
th e rev e reo aid e on th e day of th e transaction and 
d e liver it to th e new own e r. 

(3) For a period of 60 days following tho transfer of 

ownership of a registered motorboat from or 
through a deal e r to a n e w owTi e r, th e n e w owner 
may us e tho o e rtificat e of th e prior individual 
ownor as a temporary cortificato — of numbor 
ponding receipt of his own cortificato; provided: 
fA-) — Tho oortifioate is endorsed in accordance with 
Subparagraphs (1) and (2) of this Paragraph. 
(6) — Tho original ownor endorsed tho cortificato to 
the boat doalor while it was still in forco, and 
(€} — Th e boat d e al e r's sal e and e ndors e ment ooours 
whil e the registration c e rtificat e is still in 
force. 

(4) Exoopt as permitted above, a certificate of 

numb e r may not b e us e d aft e r th e e xpiration of 
th e r e gistration p e riod, 
(c) Transfer of an Individually Registered Motorboat by 

(4-) If the ownership of a registered motorboat is a Dealer or Manufacturer. — Motorboats individually num 

chang e d — during tho r e gistration — p e riod, — the b e r e d by d e al e rs or manufacturers shall upon transf e r of 



ownor shall compl e t e th e statement of transf e r 
on tho reverse side of tho cortificato of number- 
date ao of the day of tho transaction, sign, and 
deliv e r to th e now own e r. 

f2-) Th e n e w ownor shall apply for a n e w c e rtificat e 

of numbor on an official application form. — The 
original numbor must bo retained when a vessel 
numb e r e d is again r e gist e r e d as a motorboat. 

(3} For 60 days following th e transf e r of own e rship 

of a registered motorboat during tho registration 
period, tho now owner may use tho certificate of 
numb e r of th e prior owner as a t e mporary 
o e rtificat e of numbor p e nding r e c e ipt of his own 
cortificato; provided, tho cortificato is endorsed 
in accordance with Subparagraph (a)(1) of this 
Rul e . — In tho ev e nt th e transf e r occurs during th e 
60 days prior to e xpiration of th e r e gistration 
period, tho original cortificato will still bo hon 
ored up to the full period of 60 days as a tempo 
ran o e rtificat e e v e n though it would oth e rwis e 

hav e e xpir e d. Wh e r e transf e r of ownership 

from one individual to another occur s after tho 
e xpiration of tho registration period, tho cortifi 
cat e of numb e r may not b e us e d by th e n e w 
own e r. 

fb-) Transfer — of a — Previously Registered — Motorboat 

Through a Doalor 



own e rship b e gov e rn e d by th e provisions of Paragraph (a) 

of this Rule, 
(d) Temporary' Certificate of Numbor 

fB Upon acquisition of a motorboat not pr e viously 

numb e r e d or a motorboat th e r e gistration of 
which has expired, tho now ownor may transmit 
with his application for tho regular certificate of 
numb e r a request for a t e mporary o e rtificate of 
numb e r. — Th e r e qu e st must stat e th e date tho 
vessel was acquired by tho applicant. — For a 
period not exceeding 60 days following the date 
of acquisition, th e motorboat may b e operated 
on th e t e mporary o e rtificat e of numbor p e nding 
receipt of the regular certificate from tho Wild 
life Resources Commission. 
In ord e r to mak e — t e mpo rary — certificates — ef 



m- 



<-B- 



Th e own e r transf e rring his motorboat to a dealer 



during the r e gi s tration p e riod shall giv e th e 
certificate of number to tho doalor after dating 
and signing tho statement of transfer on the 
r e v e rs e sid e of th e c e rtificat e on th e day of tho 
transaction. 
(3-) When the motorboat is sold by the dealer, ho 



numb e r availabl e looally within th e Stat e , boat 
dealers and manufacturers who conduct business 
from establi s hed location s in North Carolina 
may b e d e signat e d ag e nts of th e Wildlif e R e 
sourc e s Commission for th e purpose of issuing 
temporary certificates of motorboat number. — Te 
qualify' as an agent for this purpose, such dealer 
or manufacturer must e nt e r into a writt e n agr ee 
m e nt with th e Wildlif e R e sourc e s Commission 
by which he assumes responsibility for conduct 
ing the boat registration agency as a public 
s e rvic e and in strict complianc e with thes e 
r e gulations. — Upon approval and ratification of 
such agreement by the Executive Director — ef 
his designee, the agent w ill be furnished with a 
supply of th e t e mporary c e rtificat e forms -to- 
g e th e r with forms for us e in applying for the 
regular certificate of motorboat number. — The 



16 



NORTH CAROLINA REGISTER 



April I, 1996 



11:1 



PROPOSED RULES 



m- 









&- 



&■ 



m- 



m- 



m- 



forms for temporary oortifioato of number are 

serially numborod and are pr e par e d in triplioato 

oo ao to provide an original (Part 1) and two 

oopioo (Parto 2 and 3). 

A boat registration agency issuing temporary 

oortifioatoo of motorboat number shall b e oon 

ducted in aooordanoo with the following r e quir e 

monts and roatrictions: 

— The temporary certificates of number shall bo 

issu e d without oharg e , 
— There shall bo no substitute for th e print e d 
f u iui of certificate supplied by the Wildlife 
Resources Commission. — No agent shall issue 
any oth e r writing purporting to authoriz e th e 
use of an unr e gistered motorboat. 
— The certificates shall bo issued consecutively in 
the order in which they are serially numborod, 
beginning with tho low e st numb e r. 
— When tho vess e l has b ee n acquir e d from a 
source othor than tho agent, — a temporary 
oortificato of number shall not bo issued unloo3 
and until tho own e r produoos a bill of oal e or 
othor memorandum of transfer whioh id e ntifi e s 
tho vossol and which has boon dated, signed 
and acknowledged by tho transferor before a 
notary publio or oth e r offio e r authoriz e d to 
tak e acknowl e dgm e nts. 

All information called for on tho temporary 
oortificato of number shall bo properly entered 
in th e spao e o provid e d, including th e dat e of 
e xpiration of th e o e rtifioat e whioh shall b e th e 
60th day following tho date of acquisition of 
tho vossol by tho ownor. 
Tho temporary o e rtifioat e must be sign e d by 
th e own e r. — Th e ag e nt shall d e liv e r to th e 
owner Part 1 of tho oortificato and a form w ith 
which to apply for tho regular oortificato of 
numb e r. 

Within 30 days following th e ioouano e of a 
temporary oortificato of number, tho agont 
shall transmit Part 2 thereof to tho Wildlife 
Rooouro e s Commission at th e address indioat e d 
in Rul e .0102(a)(5) of this S e otion. If a bill of 
sale or other memorandum of transfer has boon 
required, tho original or a copy thoroof shall 
b e attach e d to th e Commission's oopy of th e 
t e mporary o e rtifioat e of numb e r. 
Tho agont shall retain Part 3 of tho temporary 
certificate of number for a period of at loast 
on e y e ar and shall p e rmit inspection th e r e of 
during busin e ss hours by any law e nforo e m e nt 
officer or authorized personnel of tho Commis 

No ag e nt shall knowingly issu e mor e than one 
t e mporary o e rtifioat e of numb e r for the same 
vossol during any calendar year. 



(J) — An agont may make application for a cortifi 
oate of numb e r or for a registration on behalf 
of a n e w own e r to whom a t e mporary oortifi 
cato of number has boon issued provided tho 
application and foe is submitted to tho Wildlifo 
R e sourc e s Commission within 10 days of tho 
dat e of isouano e of th e t e mporary o e rtifioate. 
(K) — Upon termination of a boat registration agency 
which issues temporary certificates of motor 
boat numb e r, all oopi e s (Parts 3) of suoh 
o e rtifioat e s th e retofore issu e d and all unused 
forms for temporary certificates of number 
then remaining in possession of tho terminated 
ag e noy — shall b e d e liv e r e d — to tho Wildlif e 
R e souro e o Commission or to a Commission 
employee. 

(4) A boat registration agonoy which issues tempo 

rary o e rtifioat e s of motorboat numb e r, being a 
mutual — and — voluntary — und e rtaking, — may — be 
terminated at any time, with or without cause, 
by either parry thereto by giving a notico of such 
t e rmination to th e oth e r party. 

(S) If th e ag e nt who issu e s a t e mporary oortifioato of 

number does not submit tho application — fer 
oortifioato of number of registration on behalf of 
th e n e w own e r, th e n e w ownor must submit th e 
application and f ee to th e Wildlif e Rosouroos 
Commission within 10 days of tho date of issu 
anco of tho temporary oortificato. 

(6) In ord e r to b e valid, th e t e mporary o e rtifioat e of 

boat numb e r must oontain th e following: 
(A) — full namo and address of issuing agont; 
(B) — full namo and address of purchaser, including 

zip oodo; 
(G) — pr e vious r e gistration numb e r, if any (if non e , 

so state); 
(©) — state of principal use of vossol; 
(£} — mak e of vess e l; 
fF) — l e ngth in f ee t; 
(G) — hull material; 
(H) — kind of propulsion; 
Q) — dat e of purohas e of boat; 
{£) — dat e of applioation for r e gular o e rtifioat e of 

number; 
(K) — expiration date of temporary certificate; 
(-L) — signatur e of purohaser. 

(ft) T e mporary certificat e s of numb e r oan b e issu e d 

by boat registration agonts whon certificates of 
number requiring corrections other than address 
or nam e ohang e o ar e pr e s e nt e d for r e n e wal or 
wh e n th e agent finds that an e rror has boon 
made in vali fa. ting tho oortificato of number. 
(e) — Demonstration and Use of Vessels Hold by Dealer s 

(±) D e monstration of registered motorboata h e ld by 

d e al e rs for sal e may b e with tho use of th e 
certificate of numbor endorsed by tho original 



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April 1, 1996 



17 



PROPOSED RULES 



ownor ao long as tho registration is in force. 
Any doalor or any permitt ee of a d e al e r demon 
otrating a motorboat must utilize a oot of d e al e r's 
numborfl and tho corresponding dealer' o cortifi 
cato of number on such ve s sel after tho original 
oortifioato of number has e xpir e d. — Tho deal e r's 
numb e rs and o e rtifioat e of number may, how 
over, bo used during demonstrations boforo tho 
end of tho registration period at tho option of tho 
deal e r. — In any e vent, wh e r e a set of d e al e r's 
numb e rs is us e d upon a pr e viously numb e r e d 
V0930I, the original numbers must bo covered in 
accordance with Rulo .0106(c) of this Section. 

f2) Deal e rs who hav e bought or oth e rwise possess 

motorboats for resal e and who wish to operat e 
or lend out such motorboats for more gonoral 
uses than for demonstration only must have th e 
individual motorboat r e gistrations transf e rr e d to 
their names. 

(a) Transfer of titled vessels. 

(1) When the ownership of a titled vessel is trans- 
ferred, the current owner(s) as recorded on the 
face of the Certificate of Title for Watercraft 
shall complete the Assignment of Title section 
on the reverse side of the certificate of title 
according to the given instructions and transmit 
the properly assigned title to the new owner(s). 
If the certificate of title contains any encum- 
brances, security interests, or liens on its face, 
the Release of First Lien section on the reverse 
side of the certificate of title must be completed 
by the lienholder(s) according to given instruc- 
tions before the title is transmitted to the new 
owner(s). If more than one lien is outstanding 
on the title, all liens must be satisfied as evi- 
denced by attaching additional Release of Lien 
statements completed in the same fashion as the 
Release of First Lien section before the certifi- 
cate of title is transmitted to the new owner(s), 

(2) The new owner(s) must complete and submit an 
Application for Title and Registration (Form 
WT-1) along with the properly assigned certifi- 
cate of title and applicable registration and title 
fees to the Vessel Registration and Title Section 
of the Wildlife Resources Commission for 
processing. The new owner(s) shall indicate on 
the application whether or not the vessel will be 
titled under the new ownership: and, if so, 
whether or not any liens exist on the vessel. If 
the new owner(s) elects to transfer the title, then 
a new Certificate of Title for Watercraft will be 
issued, including recordation of any new liens 
that are listed on the application. 

(b) Transfer of non-titled vessels. 

( 1) Direct transfer from one individual owner to 
another. 



(A) If the ownership of a once-registered vessel is 
transferred, the previous owner shall complete 
the statement of transfer provided with the 
certificate of vessel number, date it as of the 
day of the transaction, sign it^ and deliver it to 
the new owner. 

(B) The new owner shall complete the transfer of 
vessel ownership by preparing and submitting 
an official a pplication form for this purpose 
within 10 days from the date of transfer. The 
original vessel registration number must be 
retained when a vessel most recently regis- 
tered in North Carolina is registered to a new 
owner. A new vessel registration number will 
be issued to vessels most recently registered in 
another State or never before registered. 

(C) For 60 days following the transfer of owner- 
ship of a once-registered vessel, the new 
owner may use the certificate of vessel number 
of the prior owner as a temporary certificate of 
number pending receipt of his own certificate 
provided the certificate is validated in accor- 
dance with Part (b)(1)(A) of this Rule. 

(D) An individual may also transfer ownership of 
a vessel by preparing a Bill of Sale naming the 
new owner, provided both parties to the sale 
sign the Bill of Sale before a notary public. If 
a Bill of Sale is the instrument of transfer, the 
new owner may use a copy of it as a tempo- 
rary certificate of vessel number for a period 
of 60 days. The notarized Bill of Sale must 
accompany the application for transfer of 
ownership and the application must be mailed 
within 10 days of the date of sale. 

(2) Transfer of a once-registered vessel through a 
dealer. 

(A) An owner selling or transferring a once-regis- 
tered vessel to a dealer shall, on the day of the 
transaction, give the certificate of vessel num- 
ber to the dealer after dating and signing the 
statement of transfer provided with the certifi- 
cate. 

(B) When the vessel is subsequently sold, the 
dealer shall, on the day of the transaction, date 
and sign the statement of transfer which was 
received from the previous owner and give it 
to the new owner. If no certificate of vessel 
registration is available, a Bill of Sale may be 
used to document transfer of ownership to the 
purchaser, provided both parties to the sale 
sign the Bill of Sale before a notary public. 

(C) For a period of 60 days following the transfer 
of ownership of a once-registered vessel x the 
new owner may use the certificate of vessel 
number of the prior owner as a temporary 
certificate of vessel number, provided the 



18 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



PROPOSED RULES 



certificate is validated in accordance with Part 
(b)(1)(A) of this Rule; or a copy of the nota- 
rized Bill of Sale may be used as a temporary 
certificate. 
(3) Transfer of a vessel individually-registered to a 
dealer or manufacturer. Vessels that have been 
individually numbered by. dealers or manufactur- 
ers shall upon transfer of ownership be governed 
by the provisions of Subparagraph (b)(1) of this 
Rule. 

Authority G.S. 75A-3; 75A-5; 75A-19; 33 C.F.R. 174.21. 

.0104 CERTIFICATE OF NUMBER 

(a) General. Upon receipt of a properly completed 
application, together with appropriate fee, the Wildlife 
Resources Commission shall issue to the applicant a certifi- 
cate of vessel number which shall includ e th e following 
information: authorize the operation of the vessel. The 
certificate of vessel number shall be carried while operating 
the vessel and shall be presented for inspection to any law 
enforcement officer upon request. The certificate of vessel 
number shall include the following information: 



name of owner; owner(s); 

address of owner, including zip code; 

state of principal use of vessel; 

number awarded to vessel; 

expiration date of certificate; 

use of vessel (pleasure, livery, demonstration, 

commercial passenger, commercial fishing, 

other); 

make of vessel (if known); 

year of manufacture or model year (if known); 

manufacturer's hull identification number (if 

any); 

overall length of vessel; 

type of vessel (open, cabin, house, other); 

hull material (wood, steel, aluminum, fiberglass, 

plastic, other); 

type of propulsion (inboard, outboard, 

inboard-outdrive, sail); 

type of fuel (gasoline, diesel, other); 

notice to owner that he shall report within 15 

days changes of address or ownership, and 

destruction or abandonment of vessel; 

notice to the owner that the operator shall; 

(A) always carry this certificate on vessel when in 
use; 

(B) report every accident involving injury or death 
to persons, or property damage over one 
hundred dollars ($100.00); 

(C) stop and render assistance if involved in boat- 
ing accident. 

(b) Livery Motorboat Vessel Owners. The certificate of 
number awarded to a livery motorboat vessel shall be 
plainly marked "livery motorboat" "vessel " and in any case 



(1) 
(2) 
(3) 
(4) 
(5) 
(6) 



(7) 
(8) 
(9) 

(10) 

(11) 
(12) 

(13) 

(14) 
(15) 



(16) 



where the motor is not rented with the vessel, the descrip- 
tion of the motor and type of fuel shall be omitted from the 
certificate. 

(c) Dealers and Manufacturers. The certificate of vessel 
number awarded to dealers and manufacturers shall be 
plainly marked "dealer" or "manufacturer" in lieu of the 
description of the boat, motor and type of fuel. Any dealer 
or any permitee of a dealer demonstrating or testing a vessel 
may utilize a set of dealer's numbers and the corresponding 
dealer's certificate of vessel number to operate any vessel 
held for sale, but only for demonstration or testing pur- 
poses. Vessels owned or possessed by dealers for personal 
use or for any use whatsoever other than for demonstration 
and testing purposes must be individually registered in the 
name of the dealer in accordance with Paragraph (a) of this 
Rule. 

(d) Vessel Registration Agents. In order to make 
certificates of vessel number readily available throughout the 
State, qualified vessel dealers, manufacturers, and other 
related businesses which operate from established locations 
within North Carolina may be appointed as agents of the 
Wildlife Resources Commission and authorized to issue and 
renew certificates of vessel number and handle related 
transactions. To be appointed as a Vessel Registration 
Agent, a business must enter into a written agreement with 
the Wildlife Resources Commission through which the agent 
agrees to conduct the Vessel Registration Agency as a public 
service and to comply with governing statutes, rules, and 
guidelines. Upon ratification of the agreement by the 
Executive Director, the agent is authorized to purchase 
blocks of at least five certificates of number for three-year 
vessel registrations only, to be issued to owners of new 
vessels and to owners of vessels not previously registered in 
North Carolina. 

Authority G.S. 75A-3; 75A-5; 75A-7; 75A-19; 33 C.F.R. 
174.19. 

.0105 NUMBERING PATTERN 

(a) The motorboat vessel number assigned shall consist of 
the symbol "NC" identifying the state, followed by not more 
than four Arabic numerals and two capital letters, in 
sequence, separated by a hyphen or equivalent space, in 
accordance with the serials, numerically and alphabetically. 
As examples: NC-l-A or NC-1234-AA. 

(b) Since the letters "I," "O," and "Q" may be mistaken 
for Arabic numerals, they shall not be used in the letter 
sequences. Letters, or letters and numbers, forming objec- 
tionable words or combinations will not be used. 

(c) The single letter "P" shall be reserved for use follow- 
ing the numerals of motorboato vessels numbered by 
governmental entities as provided by Rule .0104(a)(5) of 
this Section. 

Authority G.S. 75A-3; 75A-5; 75A-7; 33 C.F.R. 174.23. 



11:1 



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April 1, 1996 



19 



PROPOSED RULES 



.0106 DISPLAY OF VESSEL NUMBERS 

(a) The numbers shall be painted on or attached to each 
side of the forward half of the vessel for which issued in 
such a position as to provide clear legibility for identifica- 
tion. The numbers shall read from left to right and shall be 
in block characters of good proportion not less than three 
inches in height. The numbers shall be of a solid color 
which will contrast with the color of the background and so 
maintained as to be clearly visible and legible; i.e., dark 
numbers on a light background, or light numbers on a dark 
background. 

(b) No other number, except the year date of the valida- 
tion decal described in Rule .0107 of this Section, shall be 
carried on the bow of such vessel. 

(c) Manufacturers or dealers may have the number 
awarded to them printed upon or attached to a removable 
sign or signs to be temporarily but firmly mounted upon or 
attached to the beat vessel being demonstrated, so long as 
the display meets the requirements of these regulations. 
Where a currently or previously-numbered motorboat vessel 
is being demonstrated with a set of dealer's numbers, the 
permanent numbers painted on or attached to the bow must 
be covered. 

(d) A vessel registered to a governmental entity and 
bearing the letter "P" shall continue to display the assigned 
numbers for so long as the vessel belongs to a governmental 
entity. Upon transfer of ownership to a private individual, 
the new owner shall apply to the Wildlife Resources 
Commission for a new certificate of vessel number and shall 
be assigned a new vessel registration number. 

Authority G.S. 75A-3; 75A-5; 75A-19. 

,0107 VALIDATION DECAL 

In addition to the certificate of vessel number, the Wildlife 
Resources Commission will supply to the owner of each 
motorboat vessel that is pormanontly numbered numbered, 
an official validation decal indicating the last year and 
month of the period of registration. The owner shall affix 
such validation decal so as to be clearly legible on the 
starboard bow of the vessel immediately following and 
within six inches of the motorboat vessel number. Any 
validation decal issued for a motorboat vessel numbered on 
application by a governmental entity as provided by Rule 
.010 4 (a)(5) of this Section shall beep contain no expiration 
date, but shall bear the letter "P" and shall not be subject to 
renewal so long as the vessel remains the property of a 
governmental entity. When any such motorboat vessel is 
transferred to private ownership, the decal shall be removed 
or obliterated by the transferring agency. 

Authority G.S. 75A-3; 75A-5; 75A-7; 33 C.F.R. 174.15. 

.0109 TEMPORARY CERTD7ICATE OF VESSEL 
NUMBER 

(a) Upon acquisition of a vessel not previously numbered 



or a vessel for which no certificate of vessel number is 
available, the new owner may transmit with his application 
for the regular certificate of vessel number a request for a 
temporary certificate of vessel number. The request must 
state the date the vessel was acquired by the applicant. For 
a period not exceeding 60 days following the date of 
acquisition, the vessel may be operated on the temporary 
certificate of vessel number pending receipt of the regular 
certificate. 

(b) In order to make temporary certificates of vessel 
number readily available locally throughout the State, Vessel 
Registration Agents appointed pursuant to Rule .0104(d) of 
this Section are authorized to issue temporary certificates of 
vessel number. Vessel Registration Agents will be fur- 
nished a supply of temporary certificates of vessel number 
and application forms for use in applying for regular 
certificates of vessel number. Temporary certificates of 
vessel number are prepared in duplicate so as to provide an 
original (Part 1} and a copy (Part 2). The original shall be 
given to the qualified vessel owner for his use in operating 
the vessel and the copy shall be retained by the Vessel 
Registration Agent. 

(c) Vessel Registration Agents shall follow the require- 
ments and restrictions set forth herein: 

(1) Vessel Registration Agents may charge a reason- 
able fee to vessel owners for issuance of tempo- 
rary certificates of vessel number commensurate 
with the direct cost and time involved in issuing 
the certificate, provided that notice of the charge 
for issuing a temporary certificate is prominently 
posted on the premises and the customer is 
advised of the fee before the transaction is 
made. 

(2) No substitute for the printed form of the tempo- 
rary certificate of vessel number supplied by the 
Wildlife Resources Commission shall be used by 
an agent and no agent shall issue any writing 
purporting to authorize the use of an unregis- 
tered vessel. 

(3) When the vessel has been acquired from a 
source other than the agent, a temporary certifi- 
cate of vessel number shall not be issued unless 
and until the owner produces a notarized bill of 
sale, a certificate of vessel number validated by 
the previous owner, or other memorandum of 
transfer which identifies the vessel and which 
has been dated, signed and acknowledged by the 
transferor before a notary public or other officer 
authorized to take acknowledgments. 

(4) All required information on the temporary 
certificate of vessel number shall be properly 
entered in the spaces provided, including the 
date of expiration of the certificate, which shall 
be the 60th day following the date of acquisition 
of the vessel by the owner. 

(5) After the owner signs the temporary certificate. 



20 



NORTH CAROLINA REGISTER 



April I, 1996 



11:1 



PROPOSED RULES 



the agent shall deliver to the owner Part I of the 
certificate and an a pplication form with which 
the owner may apply for a regular certificate of 
vessel number. 

(6) The agent shall keep Part 2 of the temporary 
certificate as a part of the official records of the 
agency for a period of at least 90 days. If a bill 
of sale or other memorandum of transfer has 
been required to verify ownership, a copy 
thereof shall be attached to the agent's copy of 
the temporary certificate of vessel number. 

(7) No agent shall knowingly issue more than one 
temporary certificate of vessel number to the 
same person for the same vessel during any 
twelve month period. 

(8) An agent may make a pplication for a certificate 
of vessel number or for a transfer of registration 
on behalf of a new owner to whom a temporary 
certificate has been issued, provided the applica- 
tion and fee are submitted to the Wildlife Re- 
sources Commission within 10 days of the date 
of issuance of the temporary certificate. 

(9) Upon termination of a vessel registration 
agency, all copies (Part 2} of temporary certifi- 
cates of vessel number previously issued and all 
unused forms for temporary certificates of vessel 
number then remaining in possession of the 
terminated agency shall be delivered to the 
Wildlife Resources Commission. 

(d) A vessel registration agency which issues temporary 
certificates of vessel number, being a mutual and voluntary 
undertaking, may be terminated at any. time, with or without 
cause, by either party thereto by giving written notice of 
termination to the other party. 

(e) If the agent who issues a temporary certificate of 
vessel number does not submit the a pplication for a regular 
certificate of vessel number on behalf of the new owner, the 
new owner must submit the a pplication and fee to the 
Wildlife Resources Commission within 10 days of the date 
of issuance of the temporary certificate. 

£fj In order to be valid, the temporary certificate of vessel 
number must contain the following: 

(1) full name and address of issuing agent; 

(2) full name and address of owner(s). including zip 
code; 

(3) previous vessel registration number, if any (if 
none, so state); 

(4) state of principal use of vessel; 

(5) make of vessel; 

(6) vessel length in feet; 

(7) hull material; 

(8) type of propulsion; 

(9) date of purchase of vessel; 

(10) date of a pplication for regular certificate of 
vessel number; 

(11) expiration date of temporary certificate; 



(12) signature(s) of ownerfs) and agent. 

(g) Temporary certificates of vessel number can be issued 
by vessel registration agents when certificates of vessel 
number are presented for renewal at the vessel registration 
agency. 

Authority G.S. 75A-3; 75A-5; 33 C.F.R. 174.21. 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 

.0305 BRUNSWICK COUNTY 

(a) Regulated Areas. This Rule applies to the waters and 
portions of waters described as follows: 

(1) Lockwoods Folly River. An area on that por- 
tion of the Lockwood Folly River beginning 
1500 feet north of the boat ramp at the end of 
State Road 1123 and extending downstream to a 
point 800 feet south of said boat ramp and the 
portion of Mill Creek beginning at its intersec- 
tion with the Lockwood Folly River and extend- 
ing upstream for 100 feet. 

(2) Calabash River. An area located on the Cala- 
bash River beginning 100 feet west of the Billy 
Cox Landing and extending 100 feet east of 
Captain Harry's Landing. 

(3) State Port Authority Small Boat Harbor. Begin- 
ning at the Intracoastal Waterway on the easterly 
side of the North Carolina State Port Authority 
Small Boat Harbor; thence runs along and with 
the easterly boundary of the said boat harbor 
basin and along the northerly boundary and 
westerly boundary thereof to a point at the 
intersection of the westerly boundary of said 
boat harbor with the highwater mark of the 
Intracoastal Waterway; runs thence in an east- 
erly direction with the highwater mark of the 
Intracoastal Waterway to the place and point of 
beginning, and being the entire small boat 
harbor in Southport. 

(4) Shallotte River. The portion of the Shallotte 
River beginning at its intersection with the 
Intracoastal Waterway and extending from the 
northern boundary of the Intracoastal Waterway 
for a distance of 500 feet to the north, to be 
marked by appropriate markers. 

(5) Big Davis Creek. That part of Big Davis Creek 
within 100 yards of Sportsman Inn at Blue 
Water Point Marina near Long Beach. 

(6) Town of Ocean Isle Beach. Those waters in the 
canals, both natural and concrete, which are 
located on the south side of the Intracoastal 
Waterway in the Town of Ocean Isle Beach. 

(7) Town Creek. The 200 yard portion of Town 
Creek lying in Town Creek Colony as delineated 
by no wake zone markers. 



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April 1, 1996 



21 



PROPOSED RULES 



(b) Speed limit. No person shall operate any motorboat 
or vessel at greater than no-wake speed within any of the 
regulated areas described in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. Subject to 
the approval of the United States Coast Guard and the 
United States Army Corps of Engineers, the following 
agencies are designated suitable agencies for the placement 
and maintenance of markers implementing this Rule: 

(1) The Board of Aldermen of Varnamtown as to 
areas indicated in Paragraph (a), Subparagraph 
(1) of this Rule. 

(2) The Board of Commissioners of Brunswick 
County as to areas indicated in Paragraph (a), 
Subparagraphs (2) - (6) of this Rule. 

Authority G.S. 75A-3; 75A-15. 

.0310 DARE COUNTY 

(a) Regulated Areas. This Rule applies to the following 
waters and portions of waters: 

(1) Manteo. Doughs Creek adjacent to Shallowbag 
Bay and all canals situated within the territorial 
limits of the Town of Manteo. 

(2) Hatteras. The waters of Hatteras Harbor and 
Muddy Creek bounded on the north and south 
by the high-water mark, on the west by a 
straight line between channel markers number 20 
and 17, and on the east by the mouth of Muddy 
Creek at Sandy Bay. 

(3) Mann's Harbor. The waters of Ferry Dock 
Road Canal. 

(4) Nags Head: 

(A) Those waters contained within the canals of 
Old Nags Head Cove Development; 

(B) The Roanoke Sound inlets at Pond Island on 
either side of Marina Drive extending north 
from US 64-264. 

(5) Wanchese: 

(A) The waters of Wanchese Harbor; 

(B) The Canal from its beginning where it con- 
nects with the Roanoke Sound south of the 
dead end road SR 1141 extending northwest 
roughly parallel to SR 1141 and SR 1142, then 
westward roughly parallel to NC 345, and 
finally curving to the southwest roughly paral- 
lel to the C.B. Daniels Road to its end. 

(6) Stumpy Point Canal. That portion of Stumpy 
Point Canal beginning at the Wildlife Resources 
Commission boating access area and extending 
inland for a distance of 3,600 feet. 

(7) Stumpy Point Basin. That portion of the Stumpy 
Point Basin, at the head of the Stumpy Point 
Bay, which is next to Highway 264 in the dock 
area and designated by the appropriate markers. 

(8) Town of Southern Shores. The waters contained 
in the canals and lagoons within the territorial 



limits of the Town of Southern Shores. 
(9) Colington Harbour. The waters contained in the 
canals of Colington Harbour. 

(10) Kitty Hawk. Those waters contained in the 
canals of Kitty Hawk Landing Subdivision. 

(11) Washington Baum Bridge. Those waters of the 
Roanoke Sound from marker 24B north of the 
bridge to marker 24A south of the bridge, and 
50 yards east of the navigation span west to the 
shore as designated by the appropriate markers. 

(12) Colington Island. The waters contained in an 
area beginning at the bath house and recreation 
center on the western shore of Colington Island, 
running 600 feet in a northerly direction and 
extending 300 feet into Albemarle Sound as 
marked. 

(13) The waters of Baum Bay Harbor. 

(b) Speed limit. No person shall operate any motorboat 
or vessel at greater than no-wake speed within any of the 
regulated areas described in Paragraph (a) of this Rule. 

(c) Restricted Swimming Area. No person operating or 
responsible for the operation of any vessel, surfboard, water 
skis, or jet skis shall permit the same to enter any marked 
swimming area described in Subparagraph (12) of Paragraph 
(a) of this Rule. 

(d) Placement and Maintenance of Markers. Subject to 
the approval of the United States Coast Guard and the 
United States Army Corps of Engineers, the following 
agencies are designated suitable agencies for placement and 
maintenance of markers implementing this Rule as to the 
regulated areas listed in the several Subparagraphs of 
Paragraph (a) of this Rule: 

(1) the Board of Commissioners of the Town of 
Manteo as to the areas indicated in Subparagraph 

(i); 

(2) the Board of Commissioners of Dare County as 
to the areas indicated in Subparagraphs (2) 
through (7), (9) and (11); 

(3) the Board of Commissioners of the Town of 
Southern Shores as to the areas indicated in 
Subparagraph (8); 

(4) the Board of Commissioners of the Town of 
Kitty Hawk as to the areas indicated in Subpara- 
graph (a)(10). 

Authority G.S. 75A-3; 75A-15. 

.0342 CATAWBA COUNTY 

(a) Regulated Areas. This Rule applies to the following 
waters of Lake Hickory: 

(1) the public fishing pier located at the old Wildlife 
Club off 12th Street Drive, NW, City of Hick- 
ory; 

(2) the shores of the Dixie Boat Club, Inc.; 

(3) that area within 50 yards of the Moore's Ferry 
Boat Marina and Boathouse on 44th Avenue, 



22 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



PROPOSED RULES 



Circle NWr NW; 
(4) the small cove lying between Gull Cove Lane 
and Quiet Cove Lane. 

(b) Speed Limit. No person shall operate a vessel at 
greater than no-wake speed in the waters of the regulated 
areas specified in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. The govern- 
ing board of the City of Hickory and the Catawba County 
Board of Commissioners are designated suitable agencies for 
placement and maintenance of the markers implementing 
this Rule, subject to the approval of the United States Coast 
Guard and the United States Army Corps of Engineers. 

Authority G.S. 75A-3; 75A-15. 

.0348 PERSON COUNTY 

(a) Regulated Area. This Rule applies to the Mayo 
Electric Generating Plant Reservoir, otherwise known as 
Mayo Reservoir, which is located in Person County. 

(b) Restricted Zones. Except for authorized personnel of 
the power company, no person shall operate a motorboat or 
vessel in any restricted zone which is marked to prevent 
entry by boats. 

(c) Mast Height. No person shall place or operate on the 
regulated area described in Paragraph (a) of this Rule any 
sailboat or other vessel having a mast or any superstructure 
extending vertically above water level a distance of 35 feet 
or more. 

(d) Speed Limit. Except as provided in Paragraph (e) of 
this Rule, no person shall operate a vessel at greater than 
no-wake speed within 50 yards of any marked bridge, boat 
launching ramp, pier, boat storage structure, or boat service 
area on the regulated area described in Paragraph (a) of this 
Rule. 

(e) Skiing. Except to leave or return to the shore or a 
boat launching ramp, no skiing is permitted within any 
speed zone described in Paragraph (d) of this Rule. In 
leaving or returning to the shore or boat ramp, all vessels 
pulling skiers must be operated on a course perpendicular to 
the shore line. Upon dropping skiers within any such speed 
zone, the boat speed shall be reduced to no-wake speed. 

(f) Swimming Areas. No person shall operate any vessel 
or water skis within a marked public swimming area. 

(g) Boating Access. No vessel shall be placed on the 
regulated area described in Paragraph (a) of this Rule from 
any point other than the boat launching ramp provided on 
SR 1515. 

(h) Placement and Maintenance of Markers. The Board 
of Commissioners of Person County is designated a suitable 
agency for placement and maintenance of markers imple- 
menting this Rule. Provided the said board exercises its 
supervisory responsibility, it may delegate the actual 
placement and maintenance to some other responsible 
agency, corporation, group or individual. With regard to 
marking the regulated area described in Paragraph (a) of this 
Rule, the supplementary standards set forth in Rule .0301(g) 



of this Section shall apply. 
Authority G.S. 75A-3; 75A-15. 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



23 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. 
Pursuant to G.S. 150B-21.1(e), publication of a temporary rule in the North Carolina Register serves as a notice of 
rule-making proceedings for a permanent rule that does not differ substantially from the published temporary rule. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Rule-making Agency: EHNR - Commission for Health Services 

Rule Citation: 15A NCAC 18A .2601 

Effective Date: April 8, 1996 

Findings Reviewed by the Codifier of Rules: Approved 

Statutory Authority for the rule-making: G.S. 130A-248 

Reason for Proposed Action: This rule revision is proposed so that the rule will concur with Legislative changes brought 
about in the 1995 Legislative Session. 

Comment Procedures: All persons interested in this matter are encouraged to submit written comments or questions to 
Malcolm Blalock, EHNR-Division of Environmental Health: Environmental Health Services Section, PO Box 27687, NC 
2761 1-7687. Comments will be accepted by the agency through May 31, 1996. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18A - SANITATION 

SECTION .2600 - SANITATION OF RESTAURANTS AND OTHER FOODHANDLING ESTABLISHMENTS 

.2601 DEFINITIONS 

The following definitions shall apply in the interpretation and enforcement of this Section: 

(1) "Approved" means determined by the Department to be in compliance with this Section. Food service equipment 
which meets National Sanitation Foundation standards or equal shall be considered as approved. The National 
Sanitation Foundation Commercial Food Service Equipment Standards are hereby incorporated by reference 
including any subsequent amendments and editions. This material is available for inspection at the Department of 
Environment, Health, and Natural Resources, Division of Environmental Health, 1330 St. Mary's Street, Raleigh, 
North Carolina. Copies may be obtained from NSF International, P.O. Box 13014, Ann Arbor, Michigan 
48113-0140, at a cost of three hundred and twenty five dollars ($325.00). Food which complies with requirements 
of the North Carolina Department of Agriculture or United States Department of Agriculture and the requirements 
of this Section shall be considered as approved. 

(2) "Catered elderly nutrition site" means an establishment or operation where food is served, but not prepared on 
premises, operated under the guidelines of the N.C. Department of Human Resources, Division of Aging. 

(3) "Commissary" means a food stand that services mobile food units and pushcarts. The commissary may or may 
not serve customers at the food stand's location. 

(4) "Department of Environment, Health, and Natural Resources" or "Department" means the North Carolina 
Department of Environment, Health, and Natural Resources. The term also means the authorized representative 
of the Department. 

(5) "Drink stand" means those establishments in which only beverages are prepared on the premises and are served 
in multi-use containers, such as glasses or mugs. 

(6) "Eating and cooking utensils" means any kitchenware, tableware, glassware, cutlery, utensils, containers, or other 
equipment with which food or drink comes in contact during storage, preparation, or serving. 

(7) "Employee" means any person who handles food or drink during preparation or serving, or who comes in contact 
with any eating or cooking utensils, or who is employed at any time in a room in which food or drink is prepared 
or served. 

(8) "Food" means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for 
use or for sale in whole or in part for human consumption. 

24 NORTH CAROLINA REGISTER April 1, 1996 11:1 



TEMPORARY RULES 



(9) "Food stand" means those food service establishments which prepare or serve foods and which do not provide 
seating facilities for customers to use while eating or drinking. Establishments which only serve such items as dip 
ice cream, popcorn, candied apples, or cotton candy are not included. 

(10) "Hermetically sealed container" means a container designed and intended to be secure against the entry of 
micro-organisms and to maintain the commercial sterility of its contents after processing. 

(1 1) "Limited food service establishment" means a food service establishment as described in G.S. 130A-247(7). whioh 
oporatoo for a total of 60 dnyo or looo per y e ar and more than 15 doyo p e r y e ar. 

(12) "Local Health Director" means the administrative head of a local health department or his authorized representative. 

(13) "Mobile food unit" means a vehicle-mounted food service establishment designed to be readily moved. 

(14) "Person" means any individual, firm, association, organization, partnership, business trust, corporation, or 
company. 

(15) "Potentially hazardous food" means any food or ingredient, natural or synthetic, in a form capable of supporting 
the growth of infectious or toxigenic microorganisms, including Clostridium botulinum. This term includes raw 
or heat treated foods of animal origin, raw seed sprouts, and treated foods of plant origin. The term does not 
include foods which have a pH level of 4.6 or below or a water activity (Aw) value of 0.85 or less. 

(16) "Private club" means a private club as defined in G.S. 130A-247(2). 

(17) "Pushcart" means a mobile piece of equipment or vehicle which serves hot dogs or foods which have been 
prepared, pre-portioned, and individually pre-wrapped at a restaurant or commissary. 

(18) "Responsible person" means the individual present in a food service establishment who is the apparent supervisor 
of the food service establishment at the time of inspection. If no individual is the apparent supervisor, then any 
employee is the responsible person. 

(19) "Restaurant" means all establishments and operations where food is prepared or served at wholesale or retail for 
pay, or any other establishment or operation where food is prepared or served that is subject to the provisions of 
G.S. 130A-248. The term does not include establishments which only serve such items as dip ice cream, popcorn, 
candied apples, or cotton candy. 

(20) "Sanitarian" means a person authorized to represent the Department on the local or state level in making inspections 
pursuant to state laws and rules. 

(21) "Sanitize" means the approved bactericidal treatment by a process which meets the temperature and chemical 
concentration levels in 15A NCAC 18A .2619. 

(22) "Sewage" means the liquid and solid human body waste and liquid waste generated by water-using fixtures and 
appliances, including those associated with foodhandling. The term does not include industrial process wastewater 
or sewage that is combined with industrial process wastewater. 

(23) "Single service" means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, 
napkins, wrapping materials, toothpicks, and similar articles intended for one-time, one person use and then 
discarded. 

(24) "Temporary food establishment" means those food or drink stands which operate for a period of 15 days per year 
or less, in connection with a fair, carnival, circus, public exhibition, or other similar gathering. 

History Note: Authority G.S. 130A-248; 
Eff. May 5, 1980; 

Amended Eff. January 1, 1996; July 1, 1994; January 4, 1994; July 1, 1993; 
Temporary Amendment Eff. April 8, 1996. 



11:1 NORTH CAROLINA REGISTER April 1, 1996 25 



APPROVED RULES 



This Section includes the Register Notice citation to rules approved by the Rules Review Commission (RRC) at its 
meeting of March 21. 1996 pursuant to G.S. 150B-21. 17(a)(1) and reported to the Joint Legislative Administrative 
Procedure Oversight Committee pursuant to G.S. 150B-21.16. The full text of rules are published below when the 
rules have been approved by RRC in a form different from that originally noticed in the Register. 



TITLE 25 - OFFICE OF STATE PERSONNEL 

CHAPTER 1 - OFFICE OF STATE PERSONNEL 

SUBCHAPTER 1J - EMPLOYEE RELATIONS 

SECTION .0600 - DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL 

.0613 PROCEDURAL REQUD1EMENTS 

The following procedural requirements must shall be followed to issue disciplinary action under this Section: 

(1) WRITTEN WARNING - to issue a written warning to an employee, a supervisor must shall issue the employee 
a written warning, detailing the matters referenced in Rule .0610(a)(1) - (5) of this Section and including any 
applicable appeal rights. 

(2) DISCIPLINARY SUSPENSION WITHOUT PAY - to place an employee on disciplinary suspension without pay, 
a supervisor must shall comply with the following procedural requirements: 

(a) In matters of unsatisfactory job performance, insure that the employee has received at least one prior disciplinary 
action. In matters of grossly inefficient job performance or unacceptable personal conduct there are no pre- 
conditions so an employee may be suspended without pay for a current incident of grossly inefficient performance 
or unacceptable misconduct; 

(b) Schedule and conduct a pre-suspension conference. Advance oral or written notice of the appropriate pre- 
disciplinary conference must shall be given to the employee of the time, location, and the issue for which 
discipline has been recommended. The amount of advance notice shall be as much as is practical under the 
circumstances; 

(c) Furnish the employee a statement in writing setting forth the specific acts or omissions that are the reasons for 
the suspension; 

(d) Advise the employee of any applicable appeal rights in the document effecting the suspension. 

(3) DEMOTION - to demote an employee, a supervisor must shall comply with the following procedural requirements: 

(a) In matters of unsatisfactory job performance, insure that the employee has received at least one prior disciplinary 
action. 

(b) In matters of grossly inefficient job performance or unacceptable personal conduct, there is no requirement for 
previous disciplinary action, so an employee may be demoted for a current incident of grossly inefficient job 
performance or unacceptable personal conduct without any prior disciplinary action; 

(c) Advance oral or written notice of the appropriate pre-disciplinary conference must shall be given to the employee 
of the time, location, and the issue for which discipline has been recommended. The amount of advance notice 
shall be as much as is practical under the circumstances. 

(d) An employee who is demoted must shall receive written notice of the specific acts or omissions that are the 
reasons for the demotion; 

(e) An employee must shall be advised of how and to what extent the demotion will affect the employee's salary rate 
or pay grade; and 

(f) The employee muot shall also be advised of any applicable appeal rights in the document effecting the demotion. 

(4) DISMISSAL - Before an employee may be dismissed, a supervisor must shall comply with the following procedural 
requirements: 

(a) The Supervisor recommending dismissal shall discuss the recommendation with appropriate agency management 
and receive management's authorization to hold a pre-dismissal conference with the employee. The person 
conducting the pre-dismissal conference must shall have the authority to recommend or to decide what, if any 
disciplinary action shall be imposed on the employee. 

(b) The Supervisor or designated management representative shall schedule a pre-dismissal conference with the 
employee. 

(c) Advance written notice of the pre-dismissal conference must shall be given to the employee of the time, location, 
and the issue for which dismissal has been recommended. The amount of advance notice shall be as much as 
is practical under the circumstances. 



26 NORTH CAROLINA REGISTER April 1, 1996 11:1 



APPROVED RULES 



(d) The Supervisor or designated management representative shall conduct a pre-dismissal conference with the 
employee, limiting attendance to the employee and the person conducting the oonforonoo. conference: a second 
management representative may be present at management's discretion. The purpose of the pre-dismissal 
conference is shall be to review the recommendation for dismissal with the affected employee and to listen to and 
to consider any information put forth by the employee, in order to insure that a dismissal decision is sound and 
not based on misinformation or mistake. Security personnel may be present when, in the discretion of the person 
conducting the conference, a need for security exists. No attorneys representing either side may attend the 
conference. 

(e) In the conference, the Supervisor shall give the employee oral or written notice of the recommendation for 
dismissal, including specific reasons for the proposed dismissal and a summary of the information supporting that 
recommendation. The employee shall have an opportunity to respond to the proposed dismissal, to refute 
information supporting the recommended dismissal action and to offer information or arguments in support of 
the employee's position. Every effort shall be made by the Supervisor or the designated management 
representative to assure that the employee has had a full opportunity to set forth any available information in 
opposition to the recommendation to dismiss prior to the end of the conference. This opportunity dees shall not 
include the right to present witnesses. 

(f) Following the conference, management shall review and consider the response of the employee and reach a 
decision on the proposed recommendation. If management's decision is to dismiss the employee, a written letter 
of dismissal containing the specific reasons for dismissal, the effective date of the dismissal and the employee's 
appeal rights shall be issued to the employee in person or by certified mail, return receipt requested, to the last 
known address of the employee. To minimize the risk of dismissal upon erroneous information, and to allow 
time following the conference for management to review all necessary information, the decision to dismiss should 
not be communicated to the employee in accordance with this Paragraph, prior to the beginning of the next 
business day following the conclusion of the pre-dismissal conference or after the end of the second business day 
following the completion of the pre-dismissal conference. 

(g) The effective date of a dismissal for unsatisfactory job performance shall be determined by management. A 
career employee who is dismissed for unsatisfactory job performance may, at management's discretion, be given 
up to two weeks' working notice of his dismissal. Instead of providing up to two weeks' working notice and at 
the discretion of management, an employee may be given up to two weeks' pay in lieu of the working notice. 
Such working notice or pay in lieu of notice is applicable only to dismissals for unsatisfactory job performance. 
The effective date of the dismissal shall not be earlier than the letter of dismissal nor more than 14 calendar days 
after the notice of dismissal. 



History Note: Authority G.S. 126-4; 126-35; 
Eff. October 1, 1995; 

Temporary Amendment Eff. February 12, 1996; 
Amended Eff. August 1. 1996. 



11:1 NORTH CAROLINA REGISTER April 1, 1996 27 



RULES REVIEW COMMISSION 



1 his Section contains a listing of the rules to be reviewed by the Rules Review Commission (RRC) at the next meeting 
date as noted, and rules that RRC has objected to in accordance with G.S. 150B-21.9(a). State agencies are required 
to respond to RRC objections as provided in G.S. 150B-21. Ufa). 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Vernice B. Howard 

Teresa L. Small wood 

Charles H. Henry 

Philip O. Redwine - Vice Chairman 



Appointed by House 

Jennie J. Hay man - Chairman 
Bill Graham 
Paul Powell 
Ed Shelton 



LOG OF FILINGS 
MEETING DATE: APRIL 18, 1996 

RULES SUBMrTTED: FEBRUARY 20, 1996 THROUGH MARCH 20, 1996 



AGENCY/DIVISION 



RULE NAME 



RULE 



ACTION 



COMMERCE/ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Collection 4 NCAC 2T .0604 



Amend 



DHR/MEDICAL CARE COMMISSION 

Obstetrical Department 



10 NCAC 3C .6208 



DHR/DIVISION OF MEDICAL ASSISTANCE 

Eyeglasses 

JUSTICE/ATTORNEY GENERAL/COMPANY POLICE 

Location 

Fee 

Liability Insurance 



10 NCAC 26B .0105 



12 NCAC 21 .0101 
12 NCAC 21 .0206 
12 NCAC 21 .0210 



Amend 



DHR/DIVISION OF SERVICES FOR THE BLIND/COMMISSION FOR THE BLIND 

Filling of Vacancies 10 NCAC 19C .0209 Amend 

Purpose 10 NCAC 19C .0408 Amend 

Policy 10 NCAC 19C .0409 Amend 

Procedure 10 NCAC 19C .0410 Amend 

Election 10 NCAC 19C .0504 Amend 

Organization 10 NCAC 19C .0509 Amend 

Meetings 10 NCAC 19C .0510 Amend 

Functions 10 NCAC 19C .051 1 Amend 

Subcommittees 10 NCAC 19C .0512 Amend 

Hours of Operation 10 NCAC 19C .0602 Amend 

Reports 10 NCAC 19C .0604 Amend 

Set-Aside 10 NCAC 19C .0702 Amend 

Distribution of Proceeds 10 NCAC 19C .0703 Amend 



Amend 



Amend 
Amend 
Amend 



JUSTICE/CRIMINAL JUSTICE EDUCATION & TRAINING STANDARDS COMMISSION 

Purpose 12 NCAC 9F .0101 Adopt 

Topical Areas 12 NCAC 9F .0102 Adopt 



28 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



RULES REVIEW COMMISSION 



Approval of Courses 
Instructor Qualifications 
Instructor Responsibilities 
Sanctions 
Filing and Fees 

DEHNR/ENVIRONMENTAL MANAGEMENT COMMISSION 

Minimum Design Requirements 



12 NCAC 9F .0103 
12 NCAC 9F .0104 
12 NCAC 9F .0105 
12 NCAC 9F .0106 
12 NCAC 9F .0107 



15A NCAC 2H .0219 



Adopt 
Adopt 
Adopt 
Adopt 
Adopt 



Amend 



, RESOURCES COMMISSION 








Fishing on Gamelands 


15A NCAC 10C 


.0004 


Amend 


Public Mountain Trout Waters 


15A NCAC 10C 


.0205 


Amend 


Inland Game Fishes 


15A NCAC 10C 


.0301 


Amend 


Inland Game Fishes 


15A NCAC 10C 


.0302 


Amend 


Open Seasons 


15A NCAC 10C 


.0305 


Amend 


Manner of Taking 


15A NCAC 10C 


.0401 


Amend 


Special Device Fishing 


15A NCAC 10C 


.0404 


Amend 


Permitted Special Devices 


15A NCAC 10C 


.0407 


Amend 


Instructor Certification Requirements 


15A NCAC 10K 


.0003 


Adopt 



DEHNR/RADIATION PROTECTION COMMISSION 

Exemptions 



15A NCAC 11 .0349 



Amend 



DEHNR/COMMISSION FOR HEALTH SERVICES 








Procedure for Permit 


15A NCAC 


13B .0901 


Repeal 


Applicability 


15A NCAC 


13B .0902 


Repeal 


Application Requirements 


15A NCAC 


13B .0903 


Repeal 


Operational Requirements 


15A NCAC 


13B .0904 


Repeal 


Compost Classification 


15A NCAC 


13B .0905 


Repeal 


Requirement for Permit 


15A NCAC 


13B .1401 


Amend 


General Provisions 


15A NCAC 


13B .1402 


Amend 


General Prohibitions 


15A NCAC 


13B .1403 


Amend 


Siting/Design Requirements 


15A NCAC 


13B .1404 


Amend 


Application Requirements 


15A NCAC 


13B .1405 


Amend 


Operational Requirements 


15A NCAC 


13B .1406 


Amend 


Classification 


15A NCAC 


13B .1407 


Amend 


Methods for Testing 


15A NCAC 


13B .1408 


Amend 


Approval of Alternative Procedures 


15A NCAC 


13B .1409 


Amend 


Water Supplies 


15A NCAC 


18A .1720 


Amend 


Well Head Protection 


15A NCAC 


18A .1722 


Amend 


Springs 


15A NCAC 


18A .1723 


Amend 


Water Quality 


15A NCAC 


18A .1725 


Amend 


Emergency Supply Systems 


15A NCAC 


18A .1726 


Amend 


Continuous Disinfection 


15A NCAC 


18A .1727 


Amend 


Inspection Forms 


15A NCAC 


18A .1805 


Amend 


Disposal of Garbage 


15A NCAC 


18A .1814 


Amend 


Permits 


15A NCAC 


18A .2702 


Amend 


General 


15A NCAC 


19C .0601 


Amend 


Accreditation 


15A NCAC 


19C .0602 


Amend 


Approval of Training 


15A NCAC 


19C .0603 


Amend 


Asbestos 


15A NCAC 


19C .0605 


Amend 


Fees 


15A NCAC 


19C .0606 


Amend 


Asbestos Exposure 


15A NCAC 


19C .0607 


Amend 


Training Course 


15A NCAC 


19C .0608 


Amend 


Asbestos Neshap 


15A NCAC 


19C .0609 


Amend 


Requirements 


15A NCAC 


19C .0611 


Adopt 


Chemistry Quality Assurance 


15A NCAC 20D .0243 


Amend 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



29 



RULES REVIEW COMMISSION 



Food/Lodging 


15A NCAC 25 


.0213 


Amend 




DEPARTMENT OF REVENUE 










Tax Credit 


17 NCAC 6B . 


0612 


Amend 




Fiduciary Returns 


17 NCAC 6B . 


3716 


Amend 




Farm Machines 


17 NCAC 7B . 


1101 


Amend 




Animal Clippers 


17 NCAC 7B . 


1105 


Amend 




Egg Cooling Cabinets 


17 NCAC 7B . 


1108 


Amend 




Feed Mills 


17 NCAC 7B . 


1109 


Amend 




Cooling Fans 


17 NCAC 7B . 


1110 


Amend 




Silo Unloaders 


17 NCAC 7B . 


1112 


Amend 




Scales 


17 NCAC 7B . 


1114 


Amend 




Certain Sales 


17 NCAC 7B . 


1123 


Amend 




Refunds 


17 NCAC 7B . 


1602 


Amend 




Governmental Sales 


17 NCAC 7B . 


1701 


Amend 




Refunds to Counties 


17 NCAC 7B . 


1702 


Amend 




Refunds to Hospitals 


17 NCAC 7B . 


1802 


Amend 




Sales to Veterinarians 


17 NCAC 7B . 


2401 


Amend 




Use Tax 


17 NCAC 7B . 


2601 


Repeal 




Fertilizer and Seeds 


17 NCAC 7B . 


4002 


Amend 




Insecticides 


17 NCAC 7B . 


4004 


Amend 




Bread Used for Feed 


17 NCAC 7B . 


4008 


Amend 




Refunds to Interstate Carriers 


17 NCAC 7B . 


4301 


Amend 




Leases 


17 NCAC 7B . 


4408 


Amend 




Shipments 


17 NCAC 7B . 


4902 


Amend 




SECRETARY OF STATE/BOXING COMMISSION 










Tough man 


18 NCAC 9 .0117 


Adopt 




NC ACUPUNCTURE LICENSING BOARD 










Initiation of Formal Hearings 


21 NCAC 1 .0705 


Adopt 




Procedure of Revocation 


21 NCAC 1 .0709 


Adopt 




NC MEDICAL BOARD 










Authority 


21 NCAC 32H 


.0101 


Amend 




Definitions 


21 NCAC 32H 


.0102 


Amend 




Advanced Life Support 


21 NCAC 32H 


.0201 


Amend 




Approval Requirements 


21 NCAC 32H 


.0203 


Amend 




Hospital Involvement 


21 NCAC 32H 


.0301 


Amend 




Plan for Participating Hospitals 


21 NCAC 32H 


.0302 


Amend 




Sponsor Hospital 


21 NCAC 32H 


.0303 


Amend 




Educational Programs 


21 NCAC 32H 


.0401 


Amend 




EMT-Paramedic Performance 


21 NCAC 32H 


.0402 


Amend 




EMT-Intermediate Performance 


21 NCAC 32H 


.0403 


Amend 




Mobile Intensive Care 


21 NCAC 32H 


.0404 


Amend 




EMT-Advanced 


21 NCAC 32H 


.0406 


Amend 




EMT-Defibrillation Performance 


21 NCAC 32H 


.0407 


Amend 




Emergency Medical Dispatcher 


21 NCAC 32H 


.0408 


Amend 




Medical Direction Assistant 


21 NCAC 32H 


.0409 


Adopt 




Certification Requirements 


21 NCAC 32H 


.0501 


Amend 




Certification Requirements 


21 NCAC 32H 


.0502 


Amend 




Certification Requirements 


21 NCAC 32H 


.0504 


Amend 




Certification Requirements 


21 NCAC 32H 


.0505 


Amend 




Certification Requirements 


21 NCAC 32H 


.0506 


Amend 




Approval Requirements 


21 NCAC 32H 


.0507 


Adopt 




Grounds for Denial 


21 NCAC 32H 


.0601 


Amend 




Procedures for Denial 


21 NCAC 32H 


.0602 


Amend 




30 NORTH CAROLINA REGISTER 


April 1, 1996 




11:1 



RULES REVIEW COMMISSION 



Conditions 


21 NCAC 32H .0701 


Amend 


Amendment 


21 NCAC 32H .0702 


Amend 


Required Forms 


21 NCAC 32H .0801 


Amend 


Conditions 


21 NCAC 32H .0901 


Amend 


Study Project Approval 


21 NCAC 32H .0902 


Amend 


NC PSYCHOLOGY BOARD 








Practice 


21 NCAC 54 


.1604 


Repeal 


Ethical Violations 


21 NCAC 54 


.1608 


Amend 


Review Procedure 


21 NCAC 54 


.1704 


Amend 


Practicing Psychologist 


21 NCAC 54 


.1801 


Repeal 


Failure to Appear 


21 NCAC 54 


.1904 


Amend 


License Renewal Form 


21 NCAC 54 


.2101 


Amend 


Reinstatement 


21 NCAC 54 


.2103 


Amend 


Suspension 


21 NCAC 54 


.2204 


Repeal 


HSP-P Requirements 


21 NCAC 54 


.2704 


Amend 


HSP-PA Requirements 


21 NCAC 54 


.2706 


Amend 


NC VETERINARY MEDICAL BOARD 








Authority 


21 NCAC 66 


.0101 


Amend 


Applicability of Board Rules 


21 NCAC 66 


.0105 


Amend 


Current Information 


21 NCAC 66 


.0106 


Amend 


Fees 


21 NCAC 66 


.0108 


Amend 


Forms of Practice 


21 NCAC 66 


.0201 


Amend 


Name of Practice 


21 NCAC 66 


.0202 


Amend 


License Required to Practice 


21 NCAC 66 


.0203 


Amend 


Discipline of Licensees 


21 NCAC 66 


.0205 


Amend 


Minimum Standards 


21 NCAC 66 


.0206 


Amend 


Minimum Facility 


21 NCAC 66 


.0207 


Amend 


Facilities Prov. Limited Services 


21 NCAC 66 


.0208 


Amend 


Limited Liability Companies 


21 NCAC 66 


.0209 


Adopt 


Registered Limited Liability 


21 NCAC 66 


.0210 


Adopt 


Application and Examination 


21 NCAC 66 


.0301 


Amend 


Special Registration 


21 NCAC 66 


.0303 


Amend 


Discipline of Vet. Technicians 


21 NCAC 66 


.0304 


Amend 


Temporary Permits 


21 NCAC 66 


.0305 


Amend 


License without Examination 


21 NCAC 66 


.0306 


Amend 


Revocation 


21 NCAC 66 


.0307 


Amend 


Reinstatement 


21 NCAC 66 


.0308 


Amend 


Pending Complaint 


21 NCAC 66 


.0310 


Adopt 


Limited Veterinary License 


21 NCAC 66 


.0311 


Adopt 


Committee on Investigations 


21 NCAC 66 


.0601 


Amend 


Who Shall Hear Contested Cases 


21 NCAC 66 


.0606 


Amend 


Subpoenas 


21 NCAC 66 


.0703 


Amend 


NC SUBSTANCE ABUSE PROFESSIONALS CERTD7ICATION BOARD 






Definitions 


21 NCAC 68 


.0101 


Adopt 


Board Mailing Address 


21 NCAC 68 


.0102 


Adopt 


Application for Registration 


21 NCAC 68 


.0201 


Adopt 


Registration Process 


21 NCAC 68 


.0202 


Adopt 


Certification as Counselor Intern 


21 NCAC 68 


.0203 


Adopt 


Supervised Practical Training 


21 NCAC 68 


0204 


Adopt 


Certified Counselor Certification 


21 NCAC 68 


.U205 


Adopt 


Certification Period 


21 NCAC 68 


.0206 


Adopt 


Continuing Education 


21 NCAC 68 


.0207 


Adopt 


Reciprocity 


21 NCAC 68 


.0208 


Adopt 


Conversion 


21 NCAC 68 


.0209 


Adopt 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



31 



RULES REVIEW COMMISSION 



Process for Prevention Consultant 

Process for Clinical Supervisor 

Process for Residential Facility Director 

Continuing Education Approval Policy 

Educational Approval Policy 

General Guidelines 

Employer Inservice Event 

Credit Denial or Limitation 

Sponsor Guidelines 

Procedures for Approval 

Applicant Guidelines 

Hearing Before Board 

Right to Hearing 

Request for Hearing 

Hearing Requests 

Notice of Hearing 

Who Shall Hear Contested Cases 

Petition for Intervention 

Types of Intervention 

Disqualification of Board Member 



21 NCAC 68 


.0210 


Adopt 


21 NCAC 68 


.0211 


Adopt 


21 NCAC 68 


.0212 


Adopt 


21 NCAC 68 


.0213 


Adopt 


21 NCAC 68 


.0401 


Adopt 


21 NCAC 68 


.0402 


Adopt 


21 NCAC 68 


.0403 


Adopt 


21 NCAC 68 


.0404 


Adopt 


21 NCAC 68 


.0405 


Adopt 


21 NCAC 68 


.0406 


Adopt 


21 NCAC 68 


.0407 


Adopt 


21 NCAC 68 


.0701 


Adopt 


21 NCAC 68 


.0702 


Adopt 


21 NCAC 68 


.0703 


Adopt 


21 NCAC 68 


.0704 


Adopt 


21 NCAC 68 


.0705 


Adopt 


21 NCAC 68 


.0706 


Adopt 


21 NCAC 68 


.0707 


Adopt 


21 NCAC 68 


.0708 


Adopt 


21 NCAC 68 


.0709 


Adopt 



ADMINISTRATION 



Purchase and Contract 



RULES REVIEW OBJECTIONS 



1 NCAC 5 A .0002 - Scope 

Agency Revised Rule 
1 NCAC 5A .0012 - Definitions 

Agency Revised Rule 
1 NCAC 5 B .0201 - Types of Specifications 

Agency Re\>ised Rule 
1 NCAC 5B .0207 - Copies of Specifications 

Agency Revised Rule 
1 NCAC 5B .0307 - Error /Clarification 

Agency Revised Rule 
1 NCAC 5B .0314 - Request for Proposals 

Agency Re\'lsed Rule 
1 NCAC 5B .0401 - General Delegation 

Agency Revised Rule 
1 NCAC 5B .0402 - Re\iew by Board of Award and Secretary of Administration 

Agency Revised Rule 
1 NCAC 51 i .0502 - Reasons for Public Record 

Agency Rex'ised Rule 
1 NCAC5B .0701 - Policy 

Agency Rex'ised Rule 
1 NCAC 5B .0802 - Procedure 

Agency Revised Rule 
1 NCAC 5B .0902 - Selection 

Agency Re\ised Rule 
1 NCAC5B .0904 - Samples 

Agency Revised Rule 
1 NCAC 5B .0905 - Specifications 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 



32 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



RULES REVIEW COMMISSION 



1 NCAC 5B . 1301 - Procedures 

Agency Revised Rule 
1 NCAC 5B .1302 - Dollar Limitations 

Agency Repealed Rule 
1 NCAC 5B . 1402 - Documentation 

Agency Revised Rule 
1 NCAC 5B .1505 - Funds from Different Sources 

Agency Revised Rule 
1 NCAC 5 B .1506 - Conditional Grants: Etc: in Public Purchasing 

Agency Revised Rule 
1 NCAC 5B .1509 - Purchasing from or Through Agency Employees 

Agency Revised Rule 
1 NCAC 5B . 1513 - Cooperative Purchasing 

Agency Revised Rule 
1 NCAC 5B .1516- Advertising 

Agency Revised Rule 
1 NCAC 5B . 1518 - Board of Award 

Agency Revised Rule 
1 NCAC 5B .1601 - Exemptions 

Agency Revised Rule 
1 NCAC 5B . 1602 - Emergencies 

Agency Revised Rule 
1 NCAC 5B .1603 - Special Delegations 

Agency Revised Rule 
1 NCAC 5B .1701 - Authorization 

Agency Repealed Rule 
1 NCAC 5B .1702 - No Competitive Bidding 

Agency Repealed Rule 
1 NCAC 5B .1804 - Personal Property Inventory Plan 

Agency Revised Rule 
1 NCAC 5B . 1903 - Files 

Agency Revised Rule 
1 NCAC 5C .0201 - Transfer or Sale 

Agency Revised Rule 
1 NCAC 5C .0204 - Order of Priority in Disposition 

Agency Revised Rule 
1 NCAC 5C .0303 - Notification: Sale of Surplus Property 

Agency Repealed Rule 
1 NCAC 5C .0304 - Notification: Award of Surplus Property 

Agency Repealed Rule 
1 NCAC 5C .0508 - Agreement and Acknowledgement of Transfer 

Agency Repealed Rule 
1 NCAC 5D .0203 - Requests for Authority to Contract with Consultants 

Agency Re\>ised Rule 
1 NCAC 5D .0205 - Competitive Proposals 

Agency Revised Rule 
1 NCAC 5D .0206 - Negotiated Consultant Contracts 

Rule Withdrawn by Agency 
1 NCAC 5D .0208 - Format 

Rule Withdrawn by Agency 
1 NCAC 5D .0210 - Consultant Contracts Contrary to this Section 

Agency Repealed Rule 



RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 




01/18/96 




01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



33 



RULES REVIEW COMMISSION 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



Coastal Management 



15 A NCAC 7B .0101 - Purpose 
Agency Revised Rule 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

15A NCAC 7B .0201 - Contents of the Land Use Plan 
Agency Revised Rule 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

15A NCAC 7B .0204 - Goals and Objectives 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

15A NCAC 7B .0206 - Data Collection and Analysis 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

15 A NCAC 7B .0207 - Present Conditions 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

15 A NCAC 7B .0210 - Constraints 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

15 A NCAC 7B .0211 - Estimated Demands 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

15 A NCAC 7B .0212 - Policy Statements 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

15 A NCAC 7B .0213 - Land Classification 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

15 A NCAC 7B .0215 - Public Participation 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

15A NCAC 7B .0401 - Land Use Plan Amendment 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

15A NCAC 7B .0402 - Public Hearing Required 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

15 A NCAC 7B .0501 - Update Required 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

15 A NCAC 7H .0208 - Use Standards 
Agency Revised Rule 

15A NCAC 7H .2205 - Specific Conditions 
Agency Revised Rule 

15A NCAC 7K .0103 - Maintenance and Repair 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Contd 



Eff 



RRC Objection 



Eff. 



RRC Objection 



Eff 



RRC Objection 



Eff 



RRC Objection 



Eff 



RRC Objection 



Eff 



RRC Objection 



RRC Objection 



Eff 



Eff 



RRC Objection 



Eff 



RRC Objection 



Eff 



RRC Objection 



Eff 



RRC Objection 



Eff 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Contd 



Eff 



12/21/95 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
12/21/95 
01/16/96 
02/01/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
02/15/96 
03/01/96 



Marine Fisheries 



ISA NCAC 3M .0504 - Trout 



RRC Objection 



02/15/96 



34 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



RULES REVIEW COMMISSION 



Agency Revised Rule 
15 A NCAC 3R .0003 - Primary Nursery Areas 
Agency Revised Rule 

HUMAN RESOURCES 

Services for the Blind 

10 NCAC 19C Rules 

Rules Withdrawn by Agency 



Obj. Removed 
RRC Objection 
Obj. Removed 



02/15/96 
02/15/96 
02/15/96 



01/18/96 



Allocation 

Reimbursement 

Review Criteria for Start- Up Funds 

Purchase of Care Requirements 



Day Care Rules 

10NCAC 46D .0106 
10 NCAC 46D .0107 
10 NCAC46D .0202 
10 NCAC 46E .0108 

Agency Revised Rule 
10 NCAC 46H .0104 - Eligibility Criteria 

Agency Revised Rule 

Agency Revised Rule 
10 NCAC 46H .0105 - Support to Employment: Training for Employment 

Agency Revised Rule 

Facility Services 

10 NCAC 3C .3001 - Definitions 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .3302 - Minimum Provisions of Patient's Bill of Rights 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .3902 - Manager 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4102 - Classification of Optional Emergency Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4104 - Medical Director 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4203 - Nursing Staff 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4303 - Nursing Services Maternal Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4307 - Nursing Staff of Neonatal Services 

No Response from Agency 

Rule Returned to Agency 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
Objection Cont'd 
Obj. Removed 
RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 



Eff. 



Eff. 



Eff 



RRC Objection 
Obj. Cont'd 



Eff. 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



Eff. 



RRC Objection 
Obj. Cont'd 



Eff 



01/18/96 
01/18/96 
01/18/96 
01/18/96 
02/15/96 
01/18/96 
01/18/96 
02/15/96 
01/18/96 
02/15/96 



07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



35 



RULES REVIEW COMMISSION 



Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4401 - Organization 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4502 - Pharmacist 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4508 - Space 

RRC Rescinded its July Approval 

Rule Withdrawn by Agency 
10 NCAC 3C .4702 - Organization 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4705 - Nutritional Support 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4801 - Organization 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .5002 - Delivery of Care 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .5202 - Definitions Applicable/Psychiatric/Substance Abuse Svcs. 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .5302 - Definitions 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5309 - Nursing/Health Care Administration and Supervision 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5315 - Dental Care 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5318 - Activities and Recreation 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5319 - Social Services 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5322 - Brain Injury Extended Care Physician Services 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5323 - Brain Injury Extended Care Program Requirements 

No Response from Agency- 
Rule Withdrawn by Agency 
10 NCAC 3C .5324 - Special Nursing Req. Brain Injury Long Term Care 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5325 - Ventilator Dependence 





Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 

10/18/95 
10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


Obj. Cont'd 




10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 


RRC Objection 




07/13/95 



36 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



RULES REVIEW COMMISSION 



No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5326 - Physician Services for Ventilator Dependent Patients 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5401 - Definitions 

Agency Responded 
10 NCAC 3C .5402 - Physician Req for Inpatient Rehabilitation Facilities or Units 

Agency Responded 
10 NCAC 3C .5403 - HIV Designated Unit Policies and Procedures 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5405 - Physician Services in a HIV Designated Unit 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5405 - Physician Services in a HIV Designated Unit 

Agency Revised Rule 
10 NCAC 3C .5407 - Use of Investigational Drugs on the HIV Designated Unit 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5407 - Comprehensive Rehabilitation Personnel Administration 

Agency Responded 
10 NCAC 3C .5408 - Comprehensive Inpatient Rehabilitation Program Staffing Req. 

Agency Responded 
10 NCAC 3C .5409 - Staff Training for Inpatient Rehabilitation Facilities or Unit 

Agency Responded 
10 NCAC 3C .5412 - Additional Requirements for Traumatic Brain Injury Patients 

Agency Responded 
10 NCAC 3C .5413 - Additional Requirements for Spinal Cord Injury Patients 

Agency Responded 
10 NCAC 3C .5501 - Definitions 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5502 - Physician Reg. for Inpatient Rehab. Facilities or Units 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5507 - Comprehensive Rehabilitation Personnel Administration 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5508 - Comprehensive Inpatient Rehab. Program Staffing Req. 

No Response from Agency 

Rule Wtihdrawn by Agency 
10 NCAC 3C .5512 - Additional Req. for Traumatic Brain Injury Patients 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5513 - Additional Req. for Spinal Cord Injury Patients 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3H .2001 - Definitions 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2201 - Administrator 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2202 - Admissions 



Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


01/18/96 


Obj. Cont'd 


02/15/96 


RRC Objection 


01/18/96 


Obj. Cont'd 


02/15/96 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


01/18/96 


Obj. Cont'd 


02/15/96 


RRC Objection 


01/18/96 


Obj. Cont'd 


02/15/96 


RRC Objection 


01/18/96 


Obj. Cont'd 


02/15/96 


RRC Objection 


01/18/96 


Obj. Cont'd 


02/15/96 


RRC Objection 


01/18/96 


Obj. Cont'd 


02/15/96 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


Eff. 


01/01/96 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


Eff. 


01/01/96 


RRC Objection 


07/13/95 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



37 



RULES REVIEW COMMISSION 



No Response from Agency- 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2203 - Patients Not to be Admitted 
No Response from Agency 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2206 - Medical Director 
No Response from Agency- 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2212 - Quality Assurance Committee 
No Response from Agency- 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2301 - Patient Assessment and Care Planning 
No Response from Agency- 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2302 - Nursing Services 
No Response from Agency- 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2308 - Domiciliary Home Personnel Requirements 
No Response from Agency- 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2401 - Maintenance of Medical Records 
No Response from Agency- 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2501 - Availability of Physician's Services 
No Response from Agency- 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2505 - Brain Injury Long-Term Care Physician Services 
No Response from Agency- 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2506 - Physician Services for Ventilator Dependent Patients 
No Response from Agency- 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2601 - Availability of Pharmaceutical Services 
No Response from Agency- 
Agency Revised Rule 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2605 - Drug Storage and Disposition 
No Response from Agency- 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2606 - Pharmaceutical Records 
No Response from Agency- 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2607 - Emergency Drugs 
No Response from Agency 



Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


Obj. Cont'd 




10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 



38 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



RULES REVIEW COMMISSION 



Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .2701 - Provision of Nutrition and Dietetic Services RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Agency Revised Rule Obj. Cont'd 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .2801 - Activity Services RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .2802 - Social Services RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3002 - Quality of Specialized Rehabilitation Services RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3003 - Ventilator Dependence RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3004 - Brain Injury Long-Term Care RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Agency Revised Rule Obj. Cont'd 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3005 - Special Nursing Req. for Brain Injury Long-Term Care RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Agency Revised Rule Obj. Cont'd 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3011 - HIV Designated Unit Policies and Procedures RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3012 - Physician Services in an HTV Designated Unit RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3013 - Special Nursing Requirements for an HIV Designated Unit RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3015 - Use of Investigational Drugs for HTV Designated Units RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3016 - Additional Social Work Req. for HTV Designated Units RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3021- Physician Req. for Inpatient Rehab. Facilities or Units RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3027 - Comprehensive Inpatient Rehab. Program Staffing Req. RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



39 



RULES REVIEW COMMISSION 



Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3031 - Additional Req. for Spinal Cord Injury Patients 
No Response from Agency 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

RRC has Objected on 07/13/95 to the Following Repeals in 10 NCAC 3C: 
10 NCAC 3C . 1901 - . 1912. . 1915 - . 1932. .2001 - .2008. .2020 - .2033 

No Response from Agency 

Rules Returned to Agency 

10 NCAC 3L .0901 - Definitions 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3L . 1004 - Evaluation 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3L .1102 - Nursing Services and Duties 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3L .1103- Physical Therapy Services 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3L .1105 - Occupational Therapy Services 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3L .1106 - Medical Social Work Services 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3L .1108- Infusion Nursing Services 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3L . 1 109 - Clinical Respiratory Svcs, Including Pulmonary , or Ventilation Svcs 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3L .1110 - SupvnlCompetencylln-Home Aides/Other In-Home Care Providers 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3L . 1202 - Case Review and Plan of Care 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3L . 1402 - Content of Record 
Agency Revised Rule 

10 NCAC 3T .0202 - Application for and Issuance of a License 
Agency Revised Rule 

10 NCAC 3T 0601 - Acceptance of Patients for Hospice Services 
Agency Revised Rule 

10 NCAC 3T.0605 - Home Care 
Agency Revised Rule 

10 NCAC 3T .0801 - Pharmaceutical and Medical Treatment Orders 
Agency Revised Rule 
Agency Revised Rule 

10 NCAC 3T .0901 - Content of Medical Record 
Agency Revised Rule 





Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 


RRC Objection 




11/16/95 


Obj. Cont'd 




12/21/95 




Eff. 


02/01/96 


RRC Objection 




11/16/95 


Obj. Cont'd 




12/21/95 




Eff. 


02/01/96 


RRC Objection 




11/16/95 


Obj. Cont'd 




12/21/95 




Eff. 


02/01/96 


RRC Objection 




11/16/95 


Obj. Cont'd 




12/21/95 




Eff 


02/01/96 


RRC Objection 




11/16/95 


Obj. Cont'd 




12/21/95 




Eff 


02/01/96 


RRC Objection 




11/16/95 


Obj. Cont'd 




12/21/95 




Eff. 


02/01/96 


RRC Objection 




11/16/95 


Obj. Cont'd 




12/21/95 




Eff. 


02/01/96 


RRC Objection 




11/16/95 


Obj. Cont'd 




12/21/95 




Eff 


02/01/96 


RRC Objection 




11/16/95 


Obj. Cont'd 




12/21/95 




Eff. 


02/01/96 


RRC Objection 




11/16/95 


Obj. Cont'd 




12/21/95 




Eff. 


02/01/96 


RRC Objection 




11/16/95 


Obj. Removed 




01/18/96 


RRC Objection 




01/18/96 


Obj. Removed 




02/15/96 


RRC Objection 




01/18/96 


Obj. Removed 




01/18/96 


RRC Objection 




01/18/96 


Obj. Removed 




02/15/96 


RRC Objection 




01/18/96 


Objection Cont'd 


01/18/96 


Obj. Removed 




02/15/96 


RRC Objection 




01/18/96 


Obj. Removed 




02/15/96 



Medical Assistance 



40 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



RULES REVIEW COMMISSION 



10 NCAC 261 .0102 - Requests for Formal and Informal Appeals 

Rule Returned to Agency 
10 NCAC 261 .0106 - Payment Pending Appeals 

Rule Returned to Agency 
10 NCAC 50D .0101 - Notice of Estate Recovery 

Returned Rule to Agency for Failure to Comply with APA 
10 NCAC 50D .0102 - Permanently Institutionalized 

Returned Rule to Agency for Failure to Comply with APA 
10 NCAC 50D .0103 - Age 55 and Over 

Returned Rule to Agency for Failure to Comply with APA 
10 NCAC SOD .0201 - Reconsideration Review 

Returned Rule to Agency for Failure to Comply with APA 
10 NCAC 50D .0301 - Permanently Institutionalized 

Returned Rule to Agency for Failure to Comply with APA 
10 NCAC SOD .0302 - Age 55 and Over 

Returned Rule to Agency for Failure to Comply with APA 
10 NCAC SOD .0401 - Filing Claim Against Estate 

Returned Rule to Agency for Failure to Comply with APA 
10 NCAC SOD .0402 - Collection of Claims 

Returned Rule to Agency for Failure to Comply with APA 
10 NCAC SOD .0501 - Recovery Not Cost Effective 

Returned Rule to Agency for Failure to Comply with APA 
10 NCAC SOD .0502 - Undue Hardship 

Returned Rule to Agency for Failure to Comply with APA 
10 NCAC SOD .0503 - Determination of Undue Hardship 

Returned Rule to Agency for Failure to Comply with APA 



RRC Objection 
Obj. Cont'd 
RRC Objection 
Obj. Cont'd 
Extended Review 

Extended Review 

Extended Review 

Extended Review 

Extended Review 

Extended Review 

Extended Review 

Extended Review 

Extended Review 

Extended Review 

Extended Review 



10/18/95 
11/16/95 
10/18/95 
11/16/95 
01/18/96 
02/15/96 
01/18/96 
02/15/96 
01/18/96 
02/15/96 
01/18/96 
02/15/96 
01/18/96 
02/15/96 
01/18/96 
02/15/96 
01/18/96 
02/15/96 
01/18/96 
02/15/96 
01/18/96 
02/15/96 
01/18/96 
02/15/96 
01/18/96 
02/15/96 



Mental Health: General 



10 NCAC 14C . 1010 

Agency Revised 
10 NCAC 14C . 1013 

Agency Revised 
10 NCAC 14C . 1015 

Agency Revised 
10 NCAC 14C .1133 

Agency Revised 
10 NCAC 14C .1134 

Agency Revised 
10 NCAC 14C . 1136 

Agency Revised 
10 NCAC 14C .1137 

Agency Revised 
10 NCAC 14C .1148 

Agency Revised 
10 NCAC 14C .1150 

Agency Revised 
10 NCAC 14C .1152 

Agency Revised 
10 NCAC 14C .1153 

Agency Revised 
10 NCAC 14C .1154 

Agency Revised 
10 NCAC 14C .1155 

Agency Revised 
10 NCAC 14C . 1158 

Agency Revised 



- Contract Requirements for Area Programs RRC Objection 01/18/96 
Rule Obj. Removed 01/18/96 

- Recovery of Division Funds in Non-compliance Situations RRC Objection 01/18/96 
Rule Obj. Removed 01/18/96 

- Fund Balance: Computation for Area Programs RRC Objection 01/18/96 
Rule Obj. Removed 01/18/96 

- Funding Alcohol and Drug Education Traffic Schools RRC Objection 01/18/96 
Rule Obj. Removed 01/18/96 

- Funds for Multidisciplinary Evaluations: Guardianship RRC Objection 01/18/96 
Rule Obj. Removed 01/18/96 

- Funds for Assaultive Children RRC Objection 01/18/96 
Rule Obj. Removed 01/18/96 

- Funding Drug Education Schools RRC Objection 01/18/96 
Rule Obj. Removed 01/18/96 

- Thomas S. Community Services RRC Objection 01/18/96 
Rule Obj. Removed 01/18/96 

- Governor's Substance Abuse Prevention Program RRC Objection 01/18/96 
Rule Obj. Removed 01/18/96 

- Clozapine RRC Objection 01/18/96 
Rule Obj. Removed 01/18/96 

- Communicable Disease Risk/Svcs to Intravenous (Iv) Drug Users RRC Objection 01/18/96 
Rule Obj. Removed 01/18/96 

- Treatment Alternatives for Women RRC Objection 01/18/96 
Rule Obj. Removed 01/18/96 

- Unit Cost Reimbursement (Ucr) Child and Adult RRC Objection 01/18/96 
Rule Obj. Removed 01/18/96 

- Traumatic Brain Injury RRC Objection 01/18/96 
Rule Obj. Removed 01/18/96 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



41 



RULES REVIEW COMMISSION 



10 NCAC 14C .1159 

Agency Revised 
10 NCAC 14C .1160 

Agency Revised 
10 NCAC 14D .0006 

Agency Revised 
10 NCAC 14V .0103 

Agency Revised 
10 NCAC 14V .0208 

Agency Revised 
10 NCAC 14V .0301 ■ 

Agency Re\-ised 
10 NCAC 14V .0303 ■ 

Agency Rex'ised 
10 NCAC 14V .0402 ■ 

Agency Revised 
10 NCAC 14V .0403 ■ 

Agency Revised 
10 NCAC 14V .0404 ■ 

Agency Re\'ised 
10 NCAC 14V .0502 ■ 

Agency Revised 
10 NCAC 14V .0504 ■ 

Agency Revised 
10 NCAC 14V .0505 ■ 

Agency Revised 
10 NCAC 14V .0603 ■ 

Agency Revised 
10 NCAC 14V .0604 ■ 

Agency Revised 
10 NCAC 14V .0605 ■ 

Agency Revised 
10 NCAC 14V .0707 ■ 

Rule Withdrawn 
10 NCAC 14V .0709 ■ 

Rule Withdrawn 
10 NCAC 14V .0802 - 

Agency Revised 
10 NCAC 14V .0803 ■ 

Agency Revised 
10 NCAC 14V. 0804 ■ 

Agency Revised 
10 NCAC 14V .0805 ■ 

Agency Revised 
10 NCAC 14V . 1403 - 

Agency Re\'ised 
10 NCAC 14V .2304 ■ 

Agency Rex'ised 
10 NCAC 14V .2306 - 

Agency Re\'ised 
10 NCAC 14V .2403 

Agency Revised 
10 NCAC 14V .2404 

Agency Re\>ised 
10 NCAC 14V .3402 

Agency Re\ised 
10 NCAC 14V .3603 



- Rewlving Loan 
Rule 

- Domiciliary Care 
Rule 

- Use of Division Funds for Inpatient Services 
Rule 

- General Definitions 
Rule 

- Research Review Board 
Rule 

- Compliance with Building Codes 
Rule 

- Location and Exterior Requirements 
Rule 

- License Issuance 
Rule 

- Deemed Status 
Rule 

- Operations During Licensed Period 
Rule 

- Area Program/hospital Agreement 
Rule 

- Client Rights Committee 
Rule 

- Notification Procedures for Provision of Sendees 
Rule 

- Accreditation of the Area Program 
Rule 

- Denial or Revocation of Accreditation 
Rule 

- Interim Accreditation for New Services 
Rule 

- Special Requests 
by Agency 

Establishment of an Area Authority Appeals Panel 
by Agency 

■ Definitions 
Rule 

■ General Requirements for Infants and Toddlers 
Rule 

■ Surrogate Parents 
Rule 

■ Procedural Requirements 
Rule 

■ Operations 
Rule 

■ Operations 
Rule 

■ Client Eligibility and Admissions 
Rule 

■ Operations 
Rule 

■ Physical Plant 
Rule 
■Staff 
Rule 
■Staff 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
RRC Objection 
Obj. Cont'd 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 



01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
02/15/96 
01/18/96 
02/15/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 



42 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



RULES REVIEW COMMISSION 



Agency Revised 
10 NCAC 14V .3702 

Agency Revised 
10 NCAC 14V .3803 

Agency Revised 

Agency Revised 
10 NCAC 14V .3902 

Agency Revised 
10 NCAC 14V .3903 

Agency Revised 
10 NCAC 14V .4102 

Agency Revised 
10 NCAC 14V .5302 

Agency Revised 
10 NCAC 14V .5503 

Agency Revised 
10 NCAC 14V .5702 

Agency Revised 
10 NCAC 14V .5801 

Agency Revised 
10 NCAC 14V .5803 

Agency Revised 
10 NCAC 14V .6002 

Agency Revised 



Rule 

-Staff 

Rule 

■ Operations 

Rule 

Rule 

-Staff 

Rule 

- Operations 
Rule 
-Staff 
Rule 
-Staff- 
Rule 

- Operations 
Rule 
-Staff 
Rule 

- Scope 
Rule 

- Operations 
Rule 
-Staff 
Rule 



Social Services Commission 



10 NCAC 39D .0304 - Alternative Work Experience 



Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


02/15/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


02/15/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


Extended Review 


01/18/96 


RRC Objection 


02/15/96 



Vocational Rehabilitation Services 



10 NCAC 20B Rules 

Rules Withdrawn by Agency 



01/18/96 



INSURANCE 



Admission Requirements 



11 NCAC 14 .0705 - Filing and Payment of Premium Taxes 
Rule Withdrawn by Agency 



01/18/96 



Agent Services Division 



// NCAC 6A .0201 - General Information 

Rule Withdrawn by Agency 
11 NCAC 6A .0217 - North Carolina Notice of Cancellation 

Rule Withdrawn by Agency 
11 NCAC 6A .0225 - Appointment of North Carolina Agent 

Rule Withdrawn by Agency 
11 NCAC 6A .0226 - Termination of North Carolina Agent Appointment 

Rule Withdrawn by Agency 
11 NCAC 6A .0235 - Corporate Surplus Lines Application 

Rule Withdrawn by Agency 

Agency Resubmitted Rule 

Agency Revised Rule 
11 NCAC 6A .0236 - Application for Corporate/Partnership Insurance License 



RRC Objection 
Obj. Removed 



01/18/96 

01/18/96 

01/18/96 

01/18/96 

01/18/96 
02/15/96 
02/15/96 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



43 



RULES REVIEW COMMISSION 



Rule Withdrawn by Agency 

Agency Resubmitted Rule 

Agency Revised Rule 
11 NCAC 6A .0304 - Responsibility of Applicant at Examination Site 

Rule Withdrawn by Agency 

Agency Resubmitted Rule 

Agency Revised Rule 
11 NCAC 6 A .0501 - Renewal /Agent Appts: Licenses/Limited Reps: Company Adjusters 

Agency Revised Rule 
11 NCAC 6A .0701 - General Requirements 

Rule Withdrawn by Agency 

Agency Resubmitted Rule 

Agency Revised Rule 
11 NCAC 6A .0702 - Prelicensing Education Schools 

Rule Withdrawn by Agency 

Agency Resubmitted Rule 

Agency Revised Rule 
11 NCAC 6A .0703 - Program Directors 

Rule Withdrawn by Agency 
11 NCAC 6A .0704 - Courses 

Rule Withdrawn by Agency 

Agency Resubmitted Rule 

Agency Revised Rule 
11 NCAC 6A .0705 - Instructors 

Rule Withdrawn by Agency 

Agency Resubmitted Rule 

Agency Revised Rule 



RRC Objection 


02/15/96 


Obj. Removed 


02/15/96 




01/18/96 


RRC Objection 


02/15/96 


Obj. Removed 


02/15/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 




01/18/96 


RRC Objection 


02/15/96 


Obj. Removed 


02/15/96 




01/18/96 


RRC Objection 


02/15/96 


Obj. Removed 


02/15/96 




01/18/96 




01/18/96 


RRC Objection 


02/15/96 


Obj. Removed 


02/15/96 




01/18/96 


RRC Objection 


02/15/96 


Obj. Removed 


02/15/96 



Financial Evaluation Division 



11 NCAC I IB .0141 - Use of Master Trust Increase Deposit Existing Companies 

Rule Withdrawn by Agency 

Agency Resubmitted Rule 

Agency Repealed Rule 
11 NCAC 11B .0602 - Administration - All Self-insurers 

Rule Withdrawn by Agency 

Agency Resubmitted Rule 

Agency Revised Rule 
11 NCAC 11B .0617 - Group Assessments, Disclosure, Deviations, and Dividends 

Rule Withdrawn by Agency 

Agency Resubmitted Rule 

Agency Revised Rule 
11 NCAC 11C .0112 - Model Custodial Agreement 

Rule Withdrawn by Agency 

Agency Resubmitted Rule 

Agency Repealed Rule 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 



01/18/96 
02/15/96 
02/15/96 

01/18/96 
02/15/96 
02/15/96 

01/18/96 
02/15/96 
02/15/96 

01/18/96 
02/15/96 
02/15/96 



Life and Health Division 



11 NCAC 12 .0824 - Required Disclosure Provisions 

Agency Revised Rule 
11 NCAC 12 .0839 - Medicare Select Policies and Certificates 

Agency Revised Rule 
11 NCAC 12 .1707 - Solicitation 

Agency Revised Rule 



RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 



Special Services Division 



44 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



RULES REVIEW COMMISSION 



11 NCAC 13 .0317 - Ten-Day Notice 

Rule Withdrawn by Agency 
Agency Resubmitted Rule 
Agency Revised Rule 

JUSTICE 

Private Protective Services 

12 NCAC 7D .0204 - Determination of Experience 

Agency Revised Rule 

LICENSING BOARDS AND COMMISSIONS 
Board of Certified Public Accountant Examiners 

21 NCAC 8F .0103 - Filing of Examination Applications and Fees 

Agency Revised Rule 
21 NCAC 8G .0404 - Requirements for Cpe Credit 

Agency Revised Rule 

Board of Dietetics/Nutrition 

21 NCAC 17 .0101 - Definitions 

Agency Revised Rule 
21 NCAC 17 .0201 - Definitions 

Agency Responded 

Agency Revised Rule 
21 NCAC 17 .0402 - Individuals Providing Nutrition Information 

Agency Revised Rule 

Board of Examiners of Electrical Contractors 

21 NCAC 18B .0902 - Preferring Charges 
Agency Revised Rule 

Hearing Aid Dealers and Fitters Board 

21 NCAC 22F .0020 - Continuing Education 

Agency Revised Rule 
21 NCAC 221 .0008 - Calibration Check for Audiometers 

Agency Revised Rule 
21 NCAC 221 .0009 - Approval of Calibrates 

Agency Revised Rule 
21 NCAC 22L .0001 - Committee on Investigations 

21 NCAC 22L .0005 - Notice of Hearing 

RRC Approved Rule 
21 NCAC 22L .0006 - Who Shall Hear Contested Cases 

RRC Approved Rule 
21 NCAC 22L .0009 - Informal Procedures 

RRC Approved Rule 
21 NCAC 22L .0010 - Disqualification of Board Members 

RRC Approved Rule 



RRC Objection 
Obj. Removed 



01/18/96 
02/15/96 
02/15/96 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 



Extended Review 
RRC Objection 
Obj. Removed 
Extended Review 
RRC Objection 
Obj. Removed 
Extended Review 
RRC Objection 
Obj. Removed 
Extended Review 
RRC Objection 
Extended Review 

Extended Review 

Extended Review 

Extended Review 



01/18/96 
01/18/96 



RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


02/15/96 


Obj. Removed 


02/15/96 


RRC Objection 


12/21/95 


Obj. Cont'd 


01/18/96 


Obj. Removed 


02/15/96 


RRC Objection 


02/15/96 


Obj. Removed 


02/15/96 



01/18/96 
01/18/96 



01/18/96 
02/15/96 
02/15/96 
01/18/96 
02/15/96 
02/15/96 
01/18/96 
02/15/96 
02/15/96 
01/18/96 
02/15/96 
01/18/96 
02/15/96 
01/18/96 
02/15/96 
01/18/96 
02/15/96 
01/18/96 
02/15/96 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



45 



RULES REVIEW COMMISSION 



21 NCAC 22L .0011 - Failure to Appear 

RRC Approved Rule 
21 NCAC 22L .0013 - Subpoenas 

RRC Approved Rule 
21 NCAC 22L .0014 - Final Decision 

RRC Approved Rule 
21 NCAC 22L .0015 - Proposals for Decisions and Final Decision 

RRC Approved Rule 

Licensing Board of Landscape Architects 



Extended Review 


01/18/96 




02/15/96 


Extended Review 


01/18/96 




02/15/96 


Extended Review 


01/18/96 




02/15/96 


Extended Review 


01/18/96 




02/15/96 



21 NCAC 26 .0307 - Continuing Education as a Condition of Annual Renewal 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



01/18/96 
02/15/96 



Marital and Family Therapy Certification Board 



21 NCAC 31 .0102 - Address 

21 NCAC 31 .0104 - Fees 

21 NCAC 31 .0304 - Subsequent Reexaminations 

21 NCAC 31 .0502 - Approved Supervision 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 



02/15/96 
02/15/96 
02/15/96 
02/15/96 



Board of Medical Examiners 

21 NCAC 32 H .0506 - Certification Requirements: Emergency Medical Dispatcher 

Rule Returned to Agency 

RRC Rescinds 12/25/95 Approval for Failure to Provide Notice on the Amendment 02/15/96 

21 NCAC 32N .0002 - Continuances RRC Objection 08/10/95 

Agency Responded - Agency Will Not Revise Rule Obj. Cont'd 09/21/95 

Rule Returned to Agency for Failure to Comply With Administrative Procedures Act Obj. Cont'd 01/18/96 

Board of Opticians 



21 NCAC 40 .0314 - Apprenticeship and Internship Requirements: Registration 
Agency Revised Rule 

Examiners of Fee-based Practicing Pastoral Counselors 

21 NCAC 45 .0201 - Information Required 

21 NCAC 45 .0301 - Types 

21 NCAC 45 .0402 - Second Notice 

21 NCAC 45 .0501 - Continuing Education Requirements 

27 NCAC 45 .0601 - Equivalency 

21 NCAC 45 .0701 - Issuance of Temporary Certificate 

21 NCAC 45 .0802 - Types of Supervision 

Agency Revised Rule 
21 NCAC 45 .0901 - Requirements for Individual Psychotherapy Experience 

Agency Revised Rule 
21 NCAC 45 . 1001 - Code of Ethics 



RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


02/15/96 


RRC Objection 


02/15/96 


RRC Objection 


02/15/96 


RRC Objection 


02/15/96 


RRC Objection 


02/15/96 


RRC Objection 


02/15/96 


RRC Objection 


02/15/96 


Obj. Cont'd 


02/15/96 


RRC Objection 


02/15/96 


Obj. Cont'd 


02/15/96 


RRC Objection 


02/15/96 



Board of Physical Therapy Examiners 



21 NCAC 48 A .0001 - Name and Location 

Agency Repealed Rule 
21 NCAC 48D .0010 - Administration of Examination 

Agency Re\'ised Rule 



RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 



Board of Professional Engineers and Land Surveyors 



46 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



RULES REVIEW COMMISSION 



01/18/96 



01/18/96 
01/18/96 
01/18/96 
01/18/96 



21 NCAC 56 . 1301 - Improper Practice by a Registrant RRC Objection 01/18/96 

Agency Revised Rule Obj. Removed 02/15/96 

Therapeutic Recreation Certification Board 

21 NCAC 65 Rules 

Rules Returned to Agency for Failure to Comply with OAH Filing Requirements 

Certification Board for Substance Abuse Professionals 

21 NCAC 68 .0504 - Legal Standards and Moral Standards RRC Objection 

Agency Revised Rule Obj. Removed 

21 NCAC 68 .0507 - Client Welfare RRC Objection 

Agency Revised Rule Obj. Removed 

REVENUE 

Motor Fuels Tax Division 

17 NCAC 9K .0201 - Exporter's License 

Rule Withdrawn by Agency 01/18/96 

SECRETARY OF STATE 
Corporations Division 

18 NCAC 4 .0302 - Execution 

Agency Revised Rule 

Uniform Commercial Code Division 

18 NCAC 5 .0101 - Location and Hours 
Agency Revised Rule 

STATE PERSONNEL 

25 NCAC IB .0203 - Additional Information 

Agency Repealed Rule 
25 NCAC IB .0205 - Oral Presentations 

Agency Revised Rule 
25 NCAC IB .0207 - Written Submissions 

Agency Repealed Rule 
25 NCAC IB .0437 - Appeal to the State Personnel Commission: Procedures 

Agency Revised Rule 

TRANSPORTATION 

Division of Motor Vehicles 

19A NCAC 3D .0553 - Photometer Compliance RRC Objection 01/18/96 

Agency Revised Rule Obj. Removed 01/18/96 



RRC Objection 


02/15/96 


Obj. Removed 


02/15/96 


RRC Objection 


02/15/96 


Obj. Removed 


02/15/96 


RRC Objection 


02/15/96 


Obj. Removed 


02/15/96 


RRC Objection 


02/15/96 


Obj. Removed 


02/15/96 


RRC Objection 


02/15/96 


Obj. Removed 


02/15/96 


RRC Objection 


02/15/96 


Obj. Removed 


02/15/96 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



47 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698. 



AGENCY 



CASE 

NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Gray 



Nesnow 



Reilly 



Phipps 



Nesnow 
Phipps 



ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Alcoholic Beverage Control Commission V. Cashion's Food Mart, Inc. 95 ABC 1444 
ENVIRONMENT. HEALTH, AND NATURAL RESOURCES 

Coastal Resources 

J. E. Smith Construction Co. v. Division of Coastal Management 96 EHR 0074 

Marine Fisheries 

Grayden L. Fulcher and Michael Styron, Sr. v. Div. of Marine Fisheries 96 EHR 0003 

HUMAN RESOURCES 

Division of Facility Services 

Eloise Brown v. Dept. of Human Resources, Division of Facility Services 95 DHR 1002 

Division of Social Services 

Rozena Chambliss v. Department of Human Resources 95 DHR 1044 

Mr. and Mrs. Jessie Stevenson v. DHR, Division of Social Services 95 DHR 1072 

Child Support Enforcement Section 



Joselito D. Pilar v. Department of Human Resources 
Patrick Orlando Crump v. Department of Human Resources 
Peter Robert Kovolsky v. Department of Human Resources 
Carl E. Coffey v. Department of Human Resources 
Mickey Turner v. Department of Human Resources 
James Thomas McRae v. Department of Human Resources 
Derrick L. Conyers v. Department of Human Resources 
Charles Edward Smith v. Department of Human Resources 
Thornell Bow-den v. Department of Human Resources 
Daniel Leslie Baker v. Department of Human Resources 
Wm. R. Evans v. Department of Human Resources 
Rory J. Curry v. Department of Human Resources 
Cynthia Pinder v. Department of Human Resources 
Ramon Domenech v. Department of Human Resources 
Dennis L. McNeill v. Department of Human Resources 
Wilbur Dewayne Bault v. Department of Human Resources 
John W. Scott v. Department of Human Resources 

JUSTICE 



Education and Training Standards Division 

Freddie Levern Thompson v. Criml. Justice Ed. & Training Stds. Comm. 95 DOJ 0731 Chess 

PUBLIC INSTRUCTION 

Lavern K. Suggs v. NC Board of Education 95 EDC 0383 Nesnow 



03/13/96 



02/23/96 



03/06/96 



03/07/96 



03/12/96 
03/15/96 



95 CSE 


1180 


Chess 


03/01/96 


95 CSE 


1221 


Nesnow 


03/05/96 


95 CSE 


1230 


Beaton 


03/11/96 


95 CSE 


1270 


Nesnow 


03/15/96 


95 CSE 1278 


Nesnow 


03/14/96 


95 CSE 


1296 


Chess 


03/15/96 


95 CSE 


1308 


Reilly 


03/13/96 


95 CSE 


1309 


West 


03/07/96 


95 CSE 


1345 


Morrison 


03/07/96 


95 CSE 


1373 


Morrison 


03/12/96 


95 CSE 


1377 


Beeton 


03/11/96 


95 CSE 


1380 


Mann 


03/15/96 


95 CSE 


1406 


Becton 


03/11/96 


95 CSE 


1408 


Phipps 


03/11/96 


95 CSE 


1435 


Becton 


03/13/96 


95 CSE 


1475 


West 


03/13/96 


96 CSE 0130 


Mann 


03/15/96 



02/29/96 



03/13/96 



11:01 NCR 50 



48 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALj 



DATE OF PUBLISHED DECISION 

DECISION REGISTER CITATION 



STATE PERSONNEL 
Administrative Office of the Court 

Ethel R. Tyson v. NC Judicial Dept., Administrative Office of tie Court 96 OSP 0080 

Appalachian State University 

Janice S. Walton v. Appalachian St University, Claude Cooper, Bill Ragan96 OSP 0062 
Janice S. Carroll v. Appalachian St University, Claude Cooper, Bill Ragan96 OSP 0063 

Department of Correction 

Haydee Craver v. Department of Correction, Pender Correctional Inst. 95 OSP 1046 

Department of Human Resources 

Ophelia Webb v. Edard R. Inman, Dir. Alamance Cty DSS, Alamance 96 OSP 0112 
Cty DSS, Alamance County, and DHR 

Department of Labor 

Kevin P. Kolbe, Sr. v. Department of Labor 

New Hanover County Board of Health 

Tabandeh Zand v. New Hanover County Board of Health 

Department of Transportation 

Pearlie M. Simuel-Johnson v. Department of Transportation 
Pearlie M. Simuel-Johnson v. Department of Transportation 
Melvin Duncan v. Department of Transportation 

University of North Carolina 

Jerel H. Bonner v. School of Nursing UNC at Chapel Hill 



95 OSP 0968 



95 OSP 1035 



Nesnow 



West 
West 



Gray 



Gray 



Morrison 



Nesnow 



03/15/96 



03/13/96 
03/07/96 



03/12/96 



03/13/96 



03/14/96 



03/01/96 



94 OSP 0589-' 


Gray 


03/01/96 


95 OSP 0837*' 


Gray 


03/01/96 


95 OSP 1462 


Morrison 


03/08/96 



11:01 NCR 58 



96 OSP 0026 



Gray 



03/12/96 



11:01 NCR 61 



3)f Consolidated cases. 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



49 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95EDC0383 



LAVERN K. SUGGS 
Petitioners 



N.C. BOARD OF EDUCATION 
Respondent. 



RECOMMENDED DECISION 



This matter came on for hearing before Administrative Law Judge Dolores O. Nesnow on November 17, 1995 
and February 7, 1996 in Raleigh, North Carolina. 

APPEARANCES 

For Petitioner: Romulus Murphy, Esq. 

P. O. Box 20383 

Greensboro, North Carolina 27420 
Attorney for Petitioner 



For Respondent: 



Barbara A. Shaw 

Assistant Attorney General 

North Carolina Department of Justice 

P. O. Box 629 

Raleigh, North Carolina 27602-0629 

Attorney for Respondent 

ISSUES 



1 . Did the Petitioner receive notice of her revocation of certification and was her Petition timely filed? 

2. Did the Respondent err in revoking Petitioner's Teaching Certification? 

STATUTES AND RULES IN ISSUE 





G. S. 115C-296 

G. S. 115C-299 

16 NCAC 6C .0312 




EXHIBITS 


Petitioner: 
First Issue: 
Second Issue: 


P#l-P#4 
P#l 


Respondent: 
First Issue: 
Second Issue: 


R#l-R#10 

R#l-29, R431-33, R#35, R#37 



50 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



CONTESTED CASE DECISIONS 



STATEMENT OF CASE 

Upon the Motion of the Respondent, this matter came on for hearing in a bifurcated manner. The issue of 
whether or not Petitioner received adequate notice and thereby did not timely file her Petitioner was heard on 
November 17, 1995. The undersigned determined that the matter should be brought on for hearing on the second issue 
but reserved ruling on the first issue until the time of the Recommended Decision. 

Based upon careful consideration of the testimony and evidence presented at the hearing, the documents and 
exhibits received into evidence and the entire record in this proceeding, the undersigned makes the following: 

FINDINGS OF FACT 

1. Petitioner was employed by the Guilford County School System from April of 1975 until her resignation on 
December 31, 1991. 

2. From 1975 through 1980, Petitioner was a Special Education Classroom Teacher. From 1980 until her 
resignation in 1991, Petitioner was an Assistant Principal. 

3. Petitioner has a Masters Degree in education. 

4. At some time prior to the 90/91 academic school year. Petitioner had an opportunity to attend Iowa State 
University in their Doctoral Program in the School of Education. 

5. Petitioner wrote to her supervisor and requested a leave of absence without pay for the academic year 90/91, 
which request was granted. 

6. At all times relevant to this matter, Stanley Wayne Morgan was the Assistant Superintendent for Personnel 
with the Guilford County School System. 

7. At all times relevant to this matter Ernest Wayne Trogden was the Superintendent of the Guilford County 
School System. 

8. By the summer of 1991, Petitioner had completed the class work required for her Doctorate. She had not, 
however, completed the work required for her dissertation. 

9. On June 10, 1991, Mr. Morgan wrote to Petitioner reminding her that her leave of absence which extended 
through June 30, 1991, was about to expire and that she was expected to return to the Guilford County Schools. 

10. On June 21, 1991, Superintendent Trogden sent a form letter to Petitioner notifying her, as well as many other 
employees of the school system, that a budget cutback was about to cause reduction in contracts, reductions in salaries, 
and other changes necessary to meet the reduced budget. 

11. On June 27, 1991, Petitioner wrote to Mr. Morgan requesting that her educational leave be extended to August 
1, 1992, so that she could continue her work at Iowa State University. 

12. Petitioner's current approved leave was to expire three days after the above letter was written. 

13. On July 2, 1991, Mr. Morgan wrote to Petitioner telling her that it was the practice of the school system to 
limit educational leaves to no more than one year. He denied Petitioner's request and reminded her that she was 
expected to return to the Guilford County School System for the 91/92 year. 

14. It is a regulation of the school system that teachers must resign their contract more than 30 days before they 
leave their employment. Since the reporting date for teachers in 1991 was August 12, Mr. Morgan reminded 
Petitioner that if she was considering resignation she would be required to resign before July 12. 



11:1 NORTH CAROLINA REGISTER April 1, 1996 51 



CONTESTED CASE DECISIONS 



15. On July 25, 1991, Petitioner wrote Mr. Morgan telling him that she had been surprised by the denial of the 
request for an extension of her leave. She noted that she had been "led to believe that the extension was a matter of 
justifying my standing in the graduate school and putting the request in writing." She further noted in that letter that 
she understood past practices of the system allowed extensions of educational leave. 

16. Petitioner noted that based upon a conversation which she had allegedly had with Mr. Morgan, she understood 
that extensions of leave were usually granted and that any benefits such as retirement, sick leave or vacation, would 
be held intact. 

17. In that letter Petitioner also noted that she was disappointed that the school system was not supporting her and 
that in the event of a forced resignation she wanted payment for her annual leave and sick leave. She further noted 
that she had no recourse except to return to her position in the Guilford County Schools. 

18. On July 29, 1991, Mr. Morgan again wrote to Petitioner informing her that he had reconsidered her request 
for extension of her leave and was again denying that request. He noted 

further that any resignation decision was hers to make and if she chose to resign and did so no later than August 5, 
1991, "No action will be taken to revoke your North Carolina Teaching Certificate." 

19. On August 7, 1991, Mr. Morgan again wrote Petitioner welcoming her back to the Guilford County School 
System and telling her that her assignment was at Southwest High School as a teacher of exceptional children, effective 
August 12, 1991. 

20. Petitioner returned to the school system and reported to work on August 12, 1991. The students were not to 
begin school until later that month. After one day at work. Petitioner did not return. 

21. Petitioner testified that her stress level was extremely high and that when she returned to North Carolina she 
could not get the people renting her house to leave. Further, she had a 13 year old daughter who was still in Iowa 
and whose school placement was not established. 

22. Petitioner subsequently visited Dr. Meyers Powell, Jr., a psychiatrist, for treatment of stress. On August 14, 
1991, Dr. Powell wrote a note stating that he had examined Ms. Suggs and recommended that she take a 30-day 
medical leave of absence from her usual work duties. 

23. On August 15, 1991, Petitioner wrote a similar note requesting that she be granted a 30-day medical leave 
of absence. 

24. Mr. Morgan communicated to Petitioner that he would require an additional note from the doctor giving 
further information about her medical condition and why a 30-day medical leave was necessary. 

25. After Petitioner did not return to work, Mr. Morgan was unable to locate Petitioner. He called the Iowa State 
Registrar and learned that Petitioner was still enrolled in the graduate program. The Registrar also informed Mr. 
Morgan that Petitioner had started her Fall semester on August 26, 1991. 

26. Mr. Morgan reported this to Superintendent Trogden. Subsequently, Mr. Morgan attempted to call Ms. Suggs 
in Iowa and spoke to someone named "Laura" who informed him that the Petitioner was in a meeting and would return 
his call. 

27. Mr. Morgan called Iowa State again and talked to someone named "Chris" who said that he had not seen Ms. 
Suggs that morning. Subsequently, Mr. Morgan once again called Iowa State and spoke to Dr. Jim Sweeney who is 
involved in the graduate program in education. Dr. Sweeney knew Ms. Suggs and said that he would talk to her that 
evening. 

28. On September 3, 1991, Mr. Morgan wrote to Dr. Powell and asked for further information concerning Ms. 
Suggs' request for leave of absence and her medical condition. Dr. Powell did not answer that letter. 



52 NORTH CAROLINA REGISTER April 1, 1996 11:1 



CONTESTED CASE DECISIONS 



29. On September 5, 1991 at 11:35 p.m., Mr. Morgan communicated with Ms. Suggs by telephone. She informed 
him that she was still in graduate school at Iowa State and said she was surprised that her doctor had not been in 
further contact with Mr. Morgan. Ms. Suggs told Mr. Morgan that she would call her doctor and have him contact 
the school system. 

30. On September 10, 1991, Mr. Morgan wrote to Ms. Suggs, sending her the sick leave policy and informing 
her that her request for sick leave was disapproved and she was considered absent without leave. He further noted 
that it was her responsibility to provide medical documentation to justify her request for sick leave. 

31. If Petitioner had resigned her position before returning to work, she would have forfeited her accumulated 
sick leave. If she returned and then took sick leave, she would be receiving salary during the period of her absence 
due to illness. 

32. On September 19, 1991, Mr. Morgan again wrote to Ms. Suggs, telling her that she must provide 
documentation concerning her request for sick leave and that she is considered absent without leave in violation of 
school board policies and State law. He further noted that Petitioner was required to attend a meeting in Mr. Morgan's 
office on Tuesday morning, September 24, 1991 at 9:00 a.m. to fully explain her absence. 

33. On September 24, 1991, Petitioner faxed a letter to Mr. Morgan informing him that she would be unable to 
attend the meeting. She requested that another meeting be arranged at a more convenient time. 

34. On September 25, 1991, Mr. Morgan again called Iowa State and was told by "Chris" that Ms. Suggs was 
in a workshop but he would leave a message for her. Mr. Morgan called again on October 4 and 7, but was unable 
to get through to Ms. Suggs. 

35. Mr. Morgan then wrote Petitioner another letter which was sent by federal express mail. He reiterated that 
she was absent without leave, that her sick leave had been disapproved, that she had not appeared for the original 
meeting, and that she had not yet heard from her doctor. Mr. Morgan also told Petitioner that he had arranged a 
meeting for October 17 and noted "I am deeply disturbed by your lack of attention to this matter and hope that we can 
clarify your status..." 

36. On October 15, 1991, Ms. Suggs wrote to Mr. Morgan informing him that the October 17, 1991 meeting was 
arranged with too short notice and that she would be unable to attend. She further informed him that she had retained 
an attorney and would arrange for her attorney to get information from Dr. Powell. 

37. On October 17, 1991, Mr. Morgan noted on his memo forms that he attempted to call Petitioner in Iowa at 
2:31 p.m. and received no answer, at 3:32 p.m. and got a busy signal, at 3:43 p.m. and received no answer, and 3:57 
p.m. and received no answer. 

38. On October 21, 1991, Mr. Morgan again wrote to Petitioner noting that he has been unable to reach her. He 
explained many of Ms. Suggs' concerns in that letter and noted that she had not been communicating adequately. He 
reiterated that six weeks had passed since the denial of her sick leave request and she had failed to provide any type 
of meaningful response to his request for explanation. He noted that she had missed two scheduled meetings and 
reminded her that it was her duty to provide documentation for her sick leave. In that letter Mr. Morgan also stated 
"I am dumbfounded by your inattention to this matter and your willingness to play games with the procedures and 
jeopardize your career." He further noted that he had been forced to employ a substitute teacher for her classes. 

39. On October 22, 1991, Superintendent Trogden wrote Petitioner at her Iowa address. In that letter he notified 
Petitioner of his intent to recommend her dismissal and he listed six grounds upon which he would base the dismissal. 
Superintendent Trogden noted Petitioner's unresponsiveness and absence without leave. He further suspended 
Petitioner as of the date of the letter and provided her with a current list of the members of the Professional Review 
Committee, informing her that she may request a review of his recommendation by that committee. 

40. Petitioner requested the review and on November 26, 1991, John Betterton, the Chairman of the Professional 
Review Committee Panel, wrote a letter to Superintendent Trogden and to Petitioner. In that letter he gave the names 



11:1 NORTH CAROLINA REGISTER April 1, 1996 53 



CONTESTED CASE DECISIONS 



of the Panel members and stated that the Panel will hold a hearing in Greensboro, North Carolina on December 12, 
1991 at 9:00 a.m. in the Guilford County Schools, 120 Franklin Boulevard, Greensboro, North Carolina. This letter 
was sent certified, return receipt requested. 

41. Neither Petitioner nor her attorney appeared at the review. 

42. On December 12, 1991, Mr. Betterton again wrote a certified, return receipt requested letter to Superintendent 
Trogden and to the Petitioner. In that letter he stated that the Review Panel had met and that Superintendent Trogden 
and his representative, Richard A. Schwartz, were present but Petitioner was not present nor was her attorney. 

43. Mr. Betterton also stated in that letter that the Panel had decided to uphold each of the six grounds for which 
Superintendent Trogden had dismissed the Petitioner. 

44. On December 24, 1991, Superintendent Trogden wrote to Petitioner enclosing a copy of the above-described 
report and informing her that he intended to submit a written recommendation for her dismissal to the Guilford County 
Board of Education. He further stated that Petitioner could resign if she chose to. 

45. Further, in that letter, Superintendent Trogden stated: 

I urge you to think very carefully about what you are doing and the course of action you have 
chosen. Your lack of response and your irresponsibility in connection with your duties in this case 
(particularly given your refusal to appear before the Professional Review Committee Panel, after you 
had requested such a hearing in the first place) are difficult to understand and probably will be 
damaging to your professional aspirations and career, I look forward to hearing from you after your 
receipt of this letter... 

46. On December 31, 1991, Petitioner faxed a letter to Superintendent Trogden resigning her position. 

47. In that letter she stated that he had "repeatedly attempted to negotiate a settlement over my employment 
situation..." She further stated, in pertinent part: 

The experience since June 1991 has been stressful and harrowing, not to mention time 
consuming and expensive. It is my feeling that you have not only attempted to ruin my professional 
record with your school system by placing damaging, erroneous and negative information in my 
personnel file, but you have also actively attempted to undermine my efforts to acquire a graduate 
degree at Iowa State University. Your telephone calls to the Educational Administration Department 
(my major professor, other graduate students, and administrative staff) forced me to withdraw from 
all but one of my classes due to the pressure and persistent harassment. You have also hampered my 
attempts to get much needed medical attention for the emotional state created by your harassment of 
both my therapist and myself. You also contrived charges against me for these attempts despite the 
fact I had required and requested documentation. I also had earned in my previous years as an 
employee with the school system in excess of four months of accumulated sick leave to enable 
me to get the medical therapy needed. 

48. On January 27, 1992, Superintendent Trogden wrote Petitioner a lengthy letter, certified mail, return receipt 
requested. In that letter Superintendent Trogden responded to the above letter of Petitioner and to each of the 
allegations included therein. 

49. Subsequently, the Guilford County School Board wrote to the State Board of Education recommending the 
revocation of Petitioner's teaching certificate. 

50. Although local School Boards may hire and fire teachers, only the State Board of Education (SBE) has 
authority over a teacher's teaching certificate. 

51. The Department of Public Instruction (DPI) handles the administrative preparation of revocations and 



54 NORTH CAROLINA REGISTER April 1, 1996 11:1 



CONTESTED CASE DECISIONS 



suspensions which are ultimately presented to the State Board of Education for the decision. 

52. Prior to returning to North Carolina, Petitioner received letters from Mr. Morgan and Superintendent Trogden 
at her Ames, Iowa address. 

53. Subsequent to leaving North Carolina in August of 1991, Petitioner received letters from Mr. Morgan and 
Superintendent Trogden at her address in Ames, Iowa. 

54. Earlier, in July of 1991, Petitioner called the North Carolina Department of Public Instruction (DPI) to inquire 
into her retirement and sick leave status. 

55. David Holzkom, DPI personnel, responded to that inquiry by writing to Petitioner at her Ames, Iowa address. 

56. On August 20, 1993, DPI wrote Petitioner notifying her that a revocation would be considered by the SBE 
and giving her 60 days to appeal. 

57. This letter was sent to Petitioner's Greensboro address. 

58. Although DPI personnel had communicated with Petitioner in Iowa, the Personnel Section and the 
Suspension/Revocation Section do not share files. 

59. The letter was sent certified, return receipt requested, and the return of service indicated that it had not been 
received. 

60. DPI did not further seek to determine Petitioner's correct mailing address. 

61. There is no statutory requirement that teachers inform DPI/SBE of their current address. 

62. 16 NCAC 6C .0312 provides that the SBE may review written charges against a teacher and determine 
whether the teacher's certificate should be suspended or revoked. If the SBE determines that the charges constitute 
grounds for suspension or revocation, it must provide the teacher with a copy of the written charges and notify the 
teacher that it will revoke the teacher's certificate unless the teacher within 30 days of receipt of notice initiates 
administrative proceedings under Article 3, Chapter 150B of the General Statutes. 

63. G.S. 150B-23(f) provides that notice may be sent "to the last known address" provided to the agency. 
Based upon the above Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

Issue One : Did Petitioner receive adequate notice of the revocation of her certificate such as to toll the 

statute of limitations? 

1. The Guilford County School Board does not have the authority to revoke a teachers certificate. It does, 

however, have the authority to recommend revocation to the DPI/SBE. There is, therefore, a shared responsibility 
and, for the purpose of knowledge or imputed knowledge, the definition of "agency" under G.S. 150B-23(F) becomes 
unclear. 

Although Petitioner did not inform SBE of her current address, the Guilford County School System not only 
knew Petitioner's address, but corresponded extensively with her at her Iowa address. Additionally, the Personnel 
Section of DPI knew Petitioner's Iowa address and wrote her there. 

While Respondent asserts that teachers must be responsible for notifying them of their current address, there 
is no law or rule requiring this. Without such rule or statute, one must look to the surrounding circumstances to 
determine this issue. 



11:1 NORTH CAROLINA REGISTER April 1, 1996 55 



CONTESTED CASE DECISIONS 



In the limited circumstances of this case, where there was extensive communication between a teacher and 
the local school board, a recommendation for revocation which was based to a large extent on Petitioner's refusal to 
leave Iowa, communication between Petitioner and DPI, and a dismissal which was also based upon Petitioner's return 
to Iowa and her "AWOL" status, it is concluded that the "agency" knew, or should have known, of Petitioner's 
whereabouts and could have accomplished notification. 

2. Based upon the above, it is concluded that Petitioner did not receive Notice and the time limitation for filing 
an appeal had not run at the time of the filing of her petition. 

Issue Two : Did the Respondent err in revoking Petitioner's teaching certificate? 

3. N.C. Gen. Stat. 115C-299 and the cases which were promulgated thereunder, provide that the employment 
of teachers is within the authority of the local school board at the recommendation of the Superintendent. 

4. N.C. Gen. Stat. 115C-296 provides that the State Board of Education shall have entire control of certifying 
all applicants for teaching positions in all public, elementary and high schools of North Carolina. 

5. Petitioner's behavior throughout this dispute was unacceptable. Petitioner wished to complete her graduate 
studies. When her supervisors refused her request for extended leave and her request for sick leave, she was obliged 
to accept their decision or resign. She did neither. 

If Petitioner had accepted the decision, the dispute, of course, would have ended. If she resigned her teaching 
position in North Carolina, the local Board could replace her before school started. 

Petitioner's AWOL status, especially after school had started, was reprehensible. 

Petitioner's failure to appear at the meetings set by Mr. Morgan and at the Peer Review Committee, is 
inexcusable. 

It is beyond question that Petitioner's behavior was unacceptable and caused harm to the administrators, the 
school, and the students, who returned to find a substitute teacher in charge of their class. 

6. It is therefore concluded that the State Board of Education did not err in revoking the Petitioner's teaching 
certificate. 

Based upon the above Conclusions of Law, the undersigned makes the following: 

RECOMMENDATION 

That the revocation of Petitioner's teaching certificate by the State Board of Education be AFFIRMED. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, N.C. 2761 1-7447, in accordance with North Carolina General Statute 150B- 
36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to 
file exceptions to this recommended decision and to present written arguments to those in the agency who will make 
the final decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish 
a copy to the parties' attorney of record and to the Office of Administrative Hearings . 



56 NORTH CAROLINA REGISTER April 1, 1996 11:1 



CONTESTED CASE DECISIONS 



The agency that will make the final decision in this contested case is the North Carolina State Board of 
Education. 



This the 13th day of March, 1996. 



Dolores O. Nesnow 
Administrative Law Judge 



11:1 NORTH CAROLINA REGISTER April 1, 1996 57 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 OSP 0968 



KEVIN P. KOLBE, SR. 
Petitioner, 



NORTH CAROLINA DEPARTMENT OF LABOR 
Respondent. 



RECOMMENDED DECISION 



This matter was heard before Fred G. Morrison Jr., Senior Administrative Law Judge, on January 29 and 30, 1996, 
in Raleigh, North Carolina. Following the hearing, the parties filed proposed decisions. 



APPEARANCES 



FOR PETITIONER: 



FOR RESPONDENT: 



Marvin Schiller 
Attorney at Law 
Raleigh, North Carolina 

Hilda Burnett-Baker 

Special Deputy Attorney General 

Raleigh, North Carolina 



I SSUE 

Whether Respondent had just cause (procedurally and substantively) to terminate Petitioner's employment as a 
Compliance Safety and Health Officer. 

Based upon competent evidence admitted at the hearing, the undersigned Administrative Law Judge makes the 
following: 

FINDINGS OF FACT 

1. Kevin P. Kolbe, Sr., Petitioner, was employed as an OSHA Compliance Safety and Health Officer by the North 
Carolina Department of Labor, Respondent, from March 2, 1992, until March 7, 1995, when he was discharged from 
employment. Petitioner was receiving an annual salary of $30,248 and was at Pay Grade 71 when dismissed. 

2. On November 5, 1993, Petitioner received an oral warning concerning his performance in completing training as 
a Compliance Safety and Health Officer. At that time, his deficiencies were discussed and plans were made to work on 
improving them during his continued employment. 

3. On May 25, 1994, Tim Childers, Petitioner's supervisor, issued a written warning to Petitioner for unsatisfactory 
work performance, noting that since the oral warning, Petitioner's performance had not improved with regards to opening 
and closing conferences, following inspection procedures, and documenting hazards pursuant to policy. Petitioner was 
informed that his work would be observed prior to another evaluation on July 8, 1994 (this date was extended due to personal 
circumstances beyond Petitioner's control). He received weekly coaching and feedback. 

4. On Thursday, January 26, 1995, Childers issued a final written warning to Petitioner for unsatisfactory work 
performance, noting that Petitioner had shown only slight improvement since the written warning. Childers wrote that his 
observations convinced him that Petitioner still could not conduct independent inspection activities in accordance with policies 
and procedures. Petitioner was informed that during the next assessment period, he would be required to conduct an 



58 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



CONTESTED CASE DECISIONS 



inspection with Childers as the lead Compliance Safety and Health Officer to determine Petitioner's progress in completing 
his job training. It was noted that this inspection would take place not later than February 10, 1995, and he was told what 
was expected of him. 

5. On Tuesday, January 31, 1995, Petitioner, accompanied by Childers, conducted an OSHA inspection of Office 
Specialists of Massachusetts in Cary, North Carolina. Childers concluded that the inspection was unsatisfactorily performed 
by Petitioner and dismissed Petitioner by letter dated February 21, 1995, due to Petitioner's unsatisfactory job performance 
on January 31, 1995. 

6. Petitioner's deficiencies cited in the dismissal letter were as follows: failing to properly obtain permission to conduct 
the inspection, not properly documenting hazards to warrant issuing a citation on three items, and not effectively 
communicating with the employer and employees. 

7. Petitioner testified that he was not allowed to go on as many supervised safety inspections as other trainees. 
Respondent countered that Petitioner received proper training, counseling, and inspection opportunities for three years, which 
exceeded the norm for new officers. 

Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: 

CONCLUSIONS OF LAW 

1. Petitioner, Kevin P. Kolbe, Sr., was a career State employee at the time of his dismissal. Because he has alleged 
that Respondent lacked just cause for his dismissal, the Office of Administrative Hearings has jurisdiction to hear his appeal 
and issue a recommendation to the State Personnel Commission which shall make the final decision in the matter. G.S. 126- 
35, 126-37, 126-39, 150B-23, and 150B-36. 

2. G.S. 126-35 provides in part, "that no career State employee subject to the State Personnel Act shall be dismissed, 
except for just cause." Where just cause is an issue. Respondent bears the ultimate burden of persuasion. A just cause issue 
carries both substantive and procedural questions. Causes for dismissal fall into two categories: (1) causes relating to 
unsatisfactory job performance, and (2) causes relating to unacceptable personal conduct. No prior warnings are required 
under (2). 

3. In Jones y^. Dep't of Human Resources, 300 N.C. 690, 691 (1980), the Supreme Court of North Carolina held: 

Prior to dismissal for causes relating to performance of duties, a permanent State employee is entitled to 
three separate warnings that his performance is unsatisfactory. He must receive: (1) an oral warning 
explaining how he is not meeting the job's requirements; (2) a second oral warning outlining his 
unsatisfactory performance with a follow-up letter reviewing the points covered by the oral warning; (3) 
a final written warning setting forth in numerical order the specific acts or omissions that are the reasons 
for the disciplinary action. 

4. 25 NCAC U .0605(a), entitled "Dismissal for Unsatisfactory Performance of Duties" provides: 

The intent of this Section is to assist and promote improved employee performance, rather than to punish. 

5. Respondent complied with the law requiring three separate warnings to Petitioner that his job performance was 
unsatisfactory. Such warnings were intended to bring about improvements in Petitioner's performance within a reasonable 
period of time following each warning. 

6. The passage of only two working days from the date of the final written warning until the date Petitioner was 
dismissed neither provided him with a reasonable opportunity to improve his work performance nor promoted his improved 
performance as intended by the disciplinary policy contained in the North Carolina Administrative Code. This constitutes 
a failure to follow proper procedure in terminating a career State employee, thus a lack of just cause. 

Based on the foregoing Findings of Fact and Conclusions of Law, the Administrative Law Judge makes the 
following: 



11:1 NORTH CAROLINA REGISTER April 1, 1996 59 



CONTESTED CASE DECISIONS 



RECOMMENDED DECISION 

That the dismissal of Petitioner be reversed and he be reinstated under a final written warning for unacceptable job 
performance, with at least a minimum period of thirty days to improve his performance to the level expected of a Compliance 
Safety and Health Officer. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the State Personnel Commission. 

This the 14th day of March, 1996. 



Fred G. Morrison Jr. 

Senior Administrative Law Judge 



60 NORTH CAROLINA REGISTER April I, 1996 11:1 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
WAKE COUNTY 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

96 OSP 0026 



JEREL H. BONNER, 
Petitioner, 



SCHOOL OF NURSING UNIVERSITY OF NC at 
CHAPEL HILL 

Respondent. 



FTNAL DECISION 

DISMISSING CONTESTED CASE 

LACK OF JURISDICTION 



Petitioner filed a pro se petition to commence this contested case on January 5, 1996. Petitioner alleged in his 
petition that the agency failed to act as required by law or rule in declining to compensate him for legal expenses incurred 
as the result of his discharge appeal. 

On February 16, 19%, Respondent filed a motion to dismiss under G.S. 1A-1 Rules 12(b)(1), (2), and (6), arguing 
that Petitioner's attempt to recover legal expenses was not cognizable under G.S. § 126-34.1. 

Petitioner, in his Prehearing Statement, received by Respondent on February 23, 1996, maintains that he should be 
compensated for legal expenses incurred in his internal grievance appeal and unemployment appeal hearing, and he relies 
upon a Recommendation for Summary Judgment in the case of Roberta Jones v. UNC . 94 OSP 1719, by Sammie Chess, 
Jr., Administrative Law Judge. 

Petitioner's petition is not cognizable under G.S. § 126-34.1, and is barred by the doctrine of sovereign immunity. 
Therefore, Petitioner has failed to invoke the jurisdiction of the Office of Administrative Hearings under Chapter 126 of the 
General Statutes of North Carolina. Moreover, Petitioner's reliance upon Roberta Jones y^ UNC is misplaced as this 
recommended decision predates G.S. § 126-34.1 as amended. 

Petitioner's petition should be, and the same hereby is, DISMISSED FOR LACK OF JURISDICTION. 

This is a Final Decision under the authority of G.S. § 150-B-36(c). 

NOTICE 

In order to appeal a Final Decision, the person seeking review must file a Petition in the Superior Court of Wake 
County or in the superior court of the county where the person resides. The Petition for Judicial Review must be filed within 
thirty (30) days after the person is served with a copy of the Final Decision. G.S. § 150B-46 describes the contents of the 
Petition and requires service of the Petition on all parties. 

This the 11th day of March, 1996. 



Beecher R. Gray 
Administrative Law Judge 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



61 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



lhe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles 
and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in 
the North Carolina executive branch of government has been assigned a title number. Titles are further 
broken down into chapters which shall be numerical in order. The other two, subchapters and sections 
are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Mantal and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



62 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



ACUPUNCTURE LICENSING BOARD 



21 NCAC 1 


.0702- 


.0704 


10:16 NCR 2027 


02/01/96 




.0706 - 


.0707 


10:16 NCR 2027 


02/01/96 




.0710 - 


.0711 


10:16 NCR 2027 


02/01/96 


ADMINISTRATION 








1 NCAC 39 


.0101 




10:16 NCR 1672 


02/01/96 




.0201 




10:16 NCR 1672 


02/01/96 


ADMINISTRATIVE HEARINGS 






26 NCAC 02A 


.0101 - 


.0102 


10:16 NCR 2160 


02/01/96 




.0201 - 


.0212 


10:16 NCR 2160 


02/01/96 




.0301 




10:16 NCR 2160 


02/01/96 




.0303 




10:16 NCR 2160 


02/01/96 




.0401 - 


.0406 


10:16 NCR 2160 


02/01/96 




.0501 - 


.0507 


10:16 NCR 2160 


02/01/96 


02B 


.0101 




10:16 NCR 2160 


02/01/96 




.0103 - 


.0104 


10:16 NCR 2160 


02/01/96 




.0201 - 


.0204 


10:16 NCR 2160 


02/01/96 




.0301 - 


.0303 


10:16 NCR 2160 


02/01/96 




.0401 




10:16 NCR 2160 


02/01/96 


02C 


.0101 - 


.0110 


10:16 NCR 2160 


02/01/96 




.0201 - 


.0207 


10:16 NCR 2160 


02/01/96 




.0301 - 


.0306 


10:16 NCR 2160 


02/01/96 




.0401 - 


.0410 


10:16 NCR 2160 


02/01/96 




.0501 - 


.0504 


10:16 NCR 2160 


02/01/96 


AGRICULTURE 










2 NCAC 09L 


.1806 




10:16 NCR 1674 


03/01/96 


AUCTIONEERS 










21 NCAC 04B 


.0103 




10:16 NCR 2028 


03/01/96 




.0201 - 


.0202 


10:16 NCR 2028 


03/01/96 




.0403 




10:16 NCR 2028 


03/01/96 




.0505 




10:16 NCR 2028 


03/01/96 




.0601 - 


.0602 


10:16 NCR 2028 


03/01/96 


COMMERCE 










4 NCAC 02R 


.0303 




10:16 NCR 1675 


06/01/96 




.0305 




10:16 NCR 1675 


06/01/96 




.1708 




10:16 NCR 1675 


06/01/96 




.1710 




10:16 NCR 1675 


06/01/96 




.1801 - 


.1802 


10:16 NCR 1675 


06/01/96 


02S 


.0102 - 


.0103 


10:16 NCR 1675 


06/01/96 




.0105 - 


.0106 


10:16 NCR 1675 


06/01/96 




.0109 




10:16 NCR 1675 


06/01/96 




.0209 




10:16 NCR 1675 


06/01/96 




.0228 




10:16 NCR 1675 


06/01/96 




.0234- 


.0235 


10:16 NCR 1675 


06/01/96 




.0402 - 


.0404 


10:16 NCR 1675 


06/01/96 




.0511 - 


.0513 


10:16 NCR 1675 


06/01/96 




.0516 




10:16 NCR 1675 


06/01/96 




.0519 




10:16 NCR 1675 


06/01/96 




.0525 




10:16 NCR 1675 


06/01/96 




.0614 




10:16 NCR 1675 


06/01/96 




.0708 




10:16 NCR 1675 


06/01/96 




.0901 - 


.0904 


10:16 NCR 1675 


06/01/96 




.1005 




10:16 NCR 1675 


06/01/96 




.1008 




10:16 NCR 1675 


06/01/96 




.1011 




10:16 NCR 1675 


06/01/96 




.1021 




10:16 NCR 1675 


06/01/96 


02T 


.0101 - 


.0102 


10:16 NCR 1675 


06/01/96 



04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 



04/01/96 



04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



63 



CUMULATIVE INDEX 



Agency /Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





.0201 - 


.0202 


10:16 NCR 1675 


06/01/96 






.0206 




10:16 NCR 1675 


06/01/96 






.0301 - 


.0305 


10:16 NCR 1675 


06/01/96 






.0308 - 


.0309 


10:16 NCR 1675 


06/01/96 






.0409 - 


.0411 


10:16 NCR 1675 


06/01/96 






.0502 




10:16 NCR 1675 


06/01/96 






.0601 - 


.0602 


10:16 NCR 1675 


06/01/96 






.0604 




10:16 NCR 1675 


06/01/96 






.0606 




10:16 NCR 1675 


06/01/96 






.0707 - 


.0709 


10:16 NCR 1675 


06/01/96 






.0711 




10:16 NCR 1675 


06/01/96 






.1104 - 


.1108 


10:16 NCR 1675 


06/01/96 




06C 


.0203 
.0205 




10:05 NCR 300 
10:18 NCR 2398 


09/01/95 




19L 


.0401 




10:16 NCR 1698 


02/01/96 






.0403 




10:16 NCR 1698 


02/01/96 






.0407 




10:16 NCR 1698 


02/01/96 






.0501 - 


.0502 


10:16 NCR 1698 


02/01/96 






.0505 




10:16 NCR 1698 


02/01/96 






.0802 




10:16 NCR 1698 


02/01/96 






.0805 




10:16 NCR 1698 


02/01/96 






.0901 




10:16 NCR 1698 


02/01/96 






.0906 - 


.0907 


10:16 NCR 1698 


02/01/96 






.0911 




10:16 NCR 1698 


02/01/96 






.1002 




10:16 NCR 1698 


02/01/96 






.1004 




10:16 NCR 1698 


02/01/96 






.1009 




10:16 NCR 1698 


02/01/96 






.1301 - 


.1303 


10:16 NCR 1698 


02/01/96 






.1701 - 


.1703 


10:16 NCR 1698 


02/01/96 






.1801 - 


.1803 


10:16 NCR 1698 


02/01/96 




COSMETIC ART EXAMINERS 








21 NCAC 14B 


.0604 




10:12 NCR 985 


12/01/95 




DENTAL EXAMINERS 










21 NCAC 16 






10:16 NCR 2043 


05/01/96 




21 NCAC 16H 


.0104 




10:16 NCR 2043 


05/01/96 






.0202 - 


.0203 


10:16 NCR 2043 


05/01/96 




16T 


.0001 - 


.0002 


10:16 NCR 2043 


05/01/96 




16U 


.0101 - 


.0102 


10:16 NCR 2043 


05/01/96 






.0201 - 


.0204 


10:16 NCR 2043 


05/01/96 




ENVIRONMENT 


HEALTH, AND NATURAL RESOURCES 




15 NCAC 01C 


.0101 




10:16 NCR 1828 


02/01/96 






.0503 - 


.0504 


10:16 NCR 1828 


02/01/96 




02B 


.0216 




10:16 NCR 1838 


02/01/96 






.0224 - 


.0225 


10:16 NCR 1838 


02/01/96 


04/01/96 




.0303 




10:08 NCR 661 


11/01/95 






.0304 




10:15 NCR 1515 


04/01/96 


x 04/01/96 




.0304 




10:16 NCR 1846 


05/01/96 


X 




.0308 - 


.0310 


10:08 NCR 661 


11/01/95 






.0308 




10:08 NCR 661 


02/01/96 






.0313 




10:11 NCR 901 


02/01/96 






.0315 - 


.0316 


10:08 NCR 661 


11/01/95 






.0315 




10:08 NCR 661 


02/01/96 






.0315 




10:16 NCR 1835 


05/01/96 




02C 


.0201 - 


.0216 


10:16 NCR 1848 


05/01/96 




02D 


.0101 




10:16 NCR 1867 


05/01/96 






.0501 




10:16 NCR 1867 


05/01/96 






.0516 




10:16 NCR 1867 


05/01/96 






.0518 - 


.0519 


10:16 NCR 1867 


05/01/96 






.0520 




10:01 NCR 13 


07/01/95 x 


X 




.0520 




10:16 NCR 1867 


05/01/96 





Rule-Making Proceedings 



Notice on Subject Matter 



64 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





.0521 




10:16 NCR 1867 


05/01/96 






.0524 - 


..0525 


10:16 NCR 1867 


05/01/96 






.0531 




10:15 NCR 1520 


04/01/96 






.0533 




10:16 NCR 1867 


05/01/96 






.0535 




10:16 NCR 1867 


05/01/96 






.0537 




10:16 NCR 1867 


05/01/96 






.0539 




10:16 NCR 1867 


05/01/96 






.0601 




10:16 NCR 1867 


05/01/96 






.0604 




10:16 NCR 1867 


05/01/96 






.0608 




10:16 NCR 1867 


05/01/96 






.0804 - 


.0805 


10:15 NCR 1520 


04/01/96 


X 




.0901 




10:15 NCR 1520 


04/01/96 






.0902 




10:16 NCR 1867 


05/01/96 






.0917 - 


.0924 


10:15 NCR 1520 


04/01/96 






.0926- 


.0928 


10:15 NCR 1520 


04/01/96 






.0929 




10:16 NCR 1867 


05/01/96 






.0934 - 


.0935 


10:15 NCR 1520 


04/01/96 






.0937 




10:15 NCR 1520 


04/01/96 






.0951 




10:15 NCR 1520 


04/01/96 






.0953 - 


.0954 


10:15 NCR 1520 


04/01/96 






.1109- 


.1111 


10:16 NCR 1867 


05/01/96 






.1202 




10:16 NCR 1867 


05/01/96 






.1204- 


.1206 


10:16 NCR 1867 


05/01/96 






.1301 - 


.1302 


10:15 NCR 1520 


04/01/96 






.1304 




10:15 NCR 1520 


04/01/96 






.1406 




10:01 NCR 13 


07/01/95 


X X 




.1409 




10:01 NCR 13 


07/01/95 


X X 




.1701 - 


.1702 


10:01 NCR 13 


07/01/95 


X X 




.1801 - 


.1803 


10:01 NCR 13 


07/01/95 


X X 




.1901 - 


.1906 


10:16 NCR 1867 


05/01/96 


X 


02H 


.0219 




10:14 NCR 1325 


05/01/96 






.0610 




10:16 NCR 1867 


05/01/96 




02Q 


.0102 




10:16 NCR 1867 


05/01/96 






.0103 




10:16 NCR 1867 


05/01/96 


X X 




.0109 




10:16 NCR 1867 


05/01/96 






.0201 - 


.0204 


10:16 NCR 1867 


05/01/96 






.0207 




10:16 NCR 1867 


05/01/96 






.0302 




10:16 NCR 1867 


05/01/96 






.0311 




10:16 NCR 1867 


05/01/96 






.0401 - 


.0418 


10:15 NCR 1520 


04/01/96 






.0501 - 


.0503 


10:16 NCR 1867 


05/01/96 






.0507 - 


.0508 


10:16 NCR 1867 


05/01/96 






.0526 




10:16 NCR 1867 


05/01/96 




03 






10:15 NCR 1515 


03/01/96 




031 


.0001 




10:14 NCR 1336 


03/01/96 




03J 


.0104 




10:14 NCR 1336 


03/01/96 






.0401 




10:14 NCR 1336 


03/01/96 






.0403 




10:15 NCR 1515 


03/01/96 




03M 


.0510 




10:14 NCR 1336 


03/01/96 




03R 


.0011 




10:14 NCR 1336 


03/01/96 




07H 


.0106 




10:16 NCR 1921 


04/01/96 






.0208 




10:15 NCR 1552 


03/01/96 






.0305 




10:15 NCR 1552 


03/01/96 






.0308 




10:15 NCR 1921 


03/01/96 






.0309 - 


.0310 


10:09 NCR 751 


02/01/96 






.2301 - 


.2305 


10:15 NCR 1552 


03/01/96 




10B 


.0115 




10:16 NCR 1922 


07/01/96 






.0116 




10:16 NCR 1922 


07/01/96 






.0201 - 


.0203 


10:16 NCR 1923 


07/01/96 






.0208 - 


.0209 


10:16 NCR 1923 


07/01/96 






.0214 




10:16 NCR 1923 


07/01/96 






.0220 




10:16 NCR 1923 


07/01/96 






.0302 - 


.0303 


10:16 NCR 1923 


07/01/96 





04/01/96 



Notice on Subject Matter 



Notice on Subject Matter 



04/01/96 
07/01/96 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



65 



CUMULATIVE INDEX 





Agency /Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



IOC 


.0205 






.0301 - 


.0302 




.0305 






.0401 






.0404 






.0407 




10D 


.0002 - 
.0003 


.0004 


10K 

matio 


.0003 

n 




11 


.0349 




13B 


.0901 - 


.0905 




.1401 - 


.1409 


16A 


.1006 




18A 


.1720 






.1722- 


.1723 




.1725- 


.1727 




.2702 






.3101 - 


.3106 


19C 


.0206 






.0601 - 


.0603 




.0605 - 


.0609 




.0611 




21F 
24A 


.0801 - 

.0804 

.0204 


.0802 


25 


.0213 





10:16 NCR 1923 


10:16 NCR 1923 


10:16 NCR 1923 


10:16 NCR 1923 


10:16 NCR 1923 


10:16 NCR 1923 


10:16 NCR 1923 


10:06 NCR 338 


10:13 NCR 1159 


10:02 NCR 57 


10:03 NCR 195 


10:16 NCR 1958 


10:16 NCR 1959 


10:16 NCR 1959 


10:07 NCR 582 


10:16 NCR 1977 


10:16 NCR 1977 


10:16 NCR 1977 


10:16 NCR 1977 


10:16 NCR 1977 


10:05 NCR 305 


10:16 NCR 1977 


10:16 NCR 1977 


10:16 NCR 1977 


10:13 NCR 1160 


10:13 NCR 1160 


10:13 NCR 1160 


10:16 NCR 1996 



07/01/96 
07/01/96 
07/01/96 
07/01/96 
07/01/96 
07/01/96 
07/01/96 
09/01/95 
02/01/96 
04/10/95 
04/15/95 
05/01/96 
04/01/96 
04/01/96 
01/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
10/01/95 
04/01/96 
04/01/96 
04/01/96 
01/01/96 
01/01/96 
01/01/96 
04/01/96 



HEARING AID DEALERS AND FITTERS BOARD 

21 NCAC 22L .0001 10:16 NCR 2053 



02/01/96 



04/01/96 



HUMAN RESOURCES 

10 NCAC 03C .5402 



03R 



.5407 - 


.5409 


.5412 - 


.5413 


.0109 - 


.0111 


.0213 - 


.0215 


.0303 - 


.0305 


.0317 




.0904 




.1003 




.1113 




.1115 - 


.1120 


.1124 - 


.1127 


.1214 




.1216 




.1218 - 


.1219 


.1302 




.1304- 


.1309 


.1413 - 


.1414 


.1418 - 


.1419 


.1613 - 


.1615 


.1618 - 


.1619 


.1713 - 


.1714 


.1719 - 


.1720 


.1912 - 


.1914 


.1916 - 


.1918 


.2117 




.2120 




.2319 - 


.2320 


.2402 




.2404 - 


.2412 



10:14 NCR 1232 


10:14 NCR 1232 


10:14 NCR 1232 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 


10:14 NCR 1243 



03/01/96 
03/01/96 
03/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 



66 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 







.2502 


.2512 


10:14 NCR 1243 


01/01/96 








.2603 




10.14 NCR 1243 


01/01/96 








.2605 




10:14 NCR 1243 


01/01/96 








.2607 


.2610 


10:14 NCR 1243 


01/01/96 








.2612 - 


.2613 


10:14 NCR 1243 


01/01/96 








.2718 - 


.2719 


10:14 NCR 1243 


01/01/96 








.2802 - 


.2807 


10:14 NCR 1243 


01/01/96 








.2809 - 


.2810 


10:14 NCR 1243 


01/01/96 








.3103 




10:14 NCR 1243 


01/01/96 








.3107 - 


.3108 


10:14 NCR 1243 


01/01/96 








.3204 




10:14 NCR 1243 


01/01/96 








.3206 - 


.3207 


10:14 NCR 1243 


01/01/96 








.3306 




10:14 NCR 1243 


01/01/96 








.3401 




10:14 NCR 1243 


01/01/96 








.3406 • 


.3407 


10:14 NCR 1243 


01/01/96 








.3502 - 


.3503 


10:14 NCR 1243 


01/01/96 








3506 - 


.3507 


10:14 NCR 1243 


01/01/96 








3606 - 


3507 


10:14 NCR 1243 


01/01/96 








.3706 - 


.3707 


10:14 NCR 1243 


01/01/96 








3806 - 


.3807 


10:14 NCR 1243 


01/01/96 








.3902 - 


.3904 


10:14 NCR 1243 


01/01/96 








.3907 - 


.3909 


10:14 NCR 1243 


01/01/96 








.4002 


-.4008 


10:14 NCR 1243 


01/01/96 








4010 - 


.4012 


10:14 NCR 1243 


01/01/96 








.4102 • 


.4107 


10:14 NCR 1243 


01/01/96 








.4202 




10:14 NCR 1243 


01/01/96 








.4204 




10:14 NCR 1243 


01/01/96 








.4206 - 


.4207 


10:14 NCR 1243 


01/01/96 






14V 


.0707 
.0709 
.2505 
6303 




10:15 NCR 1479 
10:13 NCR 1085 
10:13 NCR 1085 
10:13 NCR 1085 
10:13 NCR 1085 


05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 






15A 


.0115 - 


.0127 


10:13 NCR 1085 


01/01/96 


X 






0205 - 


.0228 


10:13 NCR 1085 


01/01/96 


X 




19C 


.0209 




10:16 NCR 1708 


02/01/96 








0408 - 


.0410 


10:16 NCR 1708 


02/01/96 








.0504 




10:16 NCR 1708 


02/01/96 








.0509 - 


.0512 


10:16 NCR 1708 


02/01/96 








.0602 




10:16 NCR 1708 


02/01/96 








.0604 




10:16 NCR 1708 


02/01/96 








.0702 - 


.0703 


10:16 NCR 1708 


02/01/96 






20B 


.0204 - 


0206 


10:16 NCR 1716 


02/01/96 








.0208 - 


.0210 


10:16 NCR 1716 


02/01/96 








.0218 




10:16 NCR 1716 


02/01/96 








0222 




10:16 NCR 1716 


02/01/96 








.0224 




10:16 NCR 1716 


02/01/96 








.0226 - 


.0227 


10:16 NCR 1716 


02/01/96 






26B 


.0113 




10:16 NCR 1721 


02/01/96 






39D 


.0304 




10:15 NCR 1483 


02/01/96 


X 




42B 


.1209 




10:13 NCR 1158 


01/01/96 






42C 


.2010 




10:13 NCR 1158 


01/01/96 






42D 


.1409 




10:13 NCR 1158 


01/01/96 






46D 


.0106 - 
.0202 


.0107 


10:16 NCR 1724 
10:16 NCR 1724 


02/01/96 
02/01/96 






49C 


.0107 




10:16 NCR 1731 


02/01/96 


X 


INS 
11 


URANCE 

NCAC 04 


.0501 - 


.0509 


10:16 NCR 1732 


01/01/97 






06 A 


.0901 - 


.0904 


10:16 NCR 1738 


02/01/96 






1 IB 


.0306 




10:15 NCR 1503 


02/01/96 






11F 


.0401 - 


.0405 


10:16 NCR 1756 


02/01/97 






12 


.0901 




10:16 NCR 1787 


03/01/96 





Notice on Subject Matter 



01/01/97 
04/01/96 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



67 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


— 

Other Information 


State 


Local 







.0918 


.0919 


10 


16 NCR 


1787 


03/01/96 




20 


.0101 




10:16 NCR 


1787 


03/01/96 






.0201 


0205 


10:16 NCR 


1787 


03/01/96 






.0301 


.0304 


10:16 NCR 


1787 


03/01/96 






.0401 


0410 


10:16 NCR 


1787 


03/01/96 






0501 


05 1 1 


10:16 NCR 


1787 


03/01/96 






0601 


0602 


10:16 NCR 


1787 


03/01/96 






0701 


0703 


10 16 NCR 


1787 


06/01/96 




21 


0101 


.0110 


1016 NCR 


1787 


03/01/96 


JUSTICE 














i: NCAC 


07D 


.0808 




10:16 NCR 


1796 


02/01/96 




09 F 


0101 - 


.0107 


10:16 NCR 


1797 


05/01'96 


LABOR 














13 NCAC 


12 


.0101 




10 


02 NCR 


142 


08/01/95 






.0303 - 


0315 


10 


02 NCR 


142 


08/01/95 






.0501 - 


.0502 


10 


02 NCR 


142 


08/01/95 






.0803 


.0808 


10 


02 NCR 


14: 


08/01/95 



MARRIAGE AND FAMILY THERAPY LICENSURE BOARD 

21 NCAC 31 0102 10:16 NCR 2062 03/01/96 

.0104 10 16NCR2062 03/01/96 

0304 10:16 NCR 2062 03/01/96 

.0502 10:16 NCR 2062 03/01/96 



MEDICAL EXAMINERS 



21 NCAC 32H 


0203 




10:02 NCR 151 


07'01/96 


MORTUARY SCIENCE 








21 NCAC 34B 


0401 




10:13 NCR 1182 


01/01/96 


NURSING, BOARD OF 








21 NCAC 36 


0228 




1016 NCR 2068 


02/01/96 


NURSING HOME ADMINISTRATORS 




21 NCAC 37.A 


0101 




10:16 NCR 2069 


04/01 '96 




.0108 




1016 NCR 2069 


04/01/96 




.0110 




10:16 NCR 2069 


04/01/96 




.0208 




1016 NCR 2069 


04/01/96 




0211 




10:16 NCR 2069 


04/01/96 




.0306 




1016 NCR 2069 


04/01/96 




.0308 




10:16 NCR 2069 


04/01/96 




.0506 




10:16 NCR 2069 


04/0W96 




.0603 - 


.0604 


10:16 NCR 2069 


04/01/96 




0702 - 


.0707 


10:16 NCR 2069 


04.01 96 




.0805 




10:16 NCR 2069 


04/01/96 




0901 




10:16 NCR 2069 


04/01/96 




0905 




10:16 NCR 2069 


04/01/96 




.0907 




10 16 NCR 2069 


04/01/96 




1203 




10.16 NCR 2069 


04/01/96 


37B 


0101 - 


0103 


10:16 NCR 2069 


04/01/96 




.0201 




10:16 NCR 2069 


04/01/96 




.0203 




10:16 NCR 2069 


04/01/96 




.0205 




10:16 NCR 2069 


04/01/96 


37C 


0101 - 


.0103 


10:16 NCR 2069 


04/01/96 


37D 


0101 - 


.0102 


10:16 NCR 2069 


04/01/96 




.0201 




10:16 NCR 2069 


04/01/96 




.0202 




10:16 NCR 2069 


04/01/96 




.0203 




1016 NCR 2069 


04/01/96 




0301 - 


.0303 


10:16 NCR 2069 


04/01/96 




.0402 - 


.0406 


10:16 NCR 2069 


04/01/96 



04/01/96 



04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 

04/01/96 
04/01/96 
04/01/96 



68 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



CUMULATIVE INDEX 



Agency/Rule Citatum 


Proposed in 
Register 


Proposed 


Fiscal 


Note 


Effective 
Date 


Other information 


Effective 
Date 




State 


Local 



.0408 - 


.0412 


10:16 NCR 2069 


04/01/96 


.0501 - 


.0503 


10:16 NCR 2069 


04/01/96 


.0601 - 


.0603 


10:16 NCR 2069 


04/01/96 


.0605 




10:16 NCR 2069 


04/01/96 


.0701 - 


.0703 


10:16 NCR 2069 


04/01/96 


37E .0101 - 


.0102 


10:16 NCR 2069 


04/01/96 


37F .0101 - 


.0102 


10:16 NCR 2069 


04/01/96 


37G .0101 




10:16 NCR 2069 


04/01/96 


.0102 




10:16 NCR 2069 


04/01/96 


.0201 - 


.0202 


10:16 NCR 2069 


04/01/96 


.0301 




10:16 NCR 2069 


04/01/96 


.0401 




10:16 NCR 2069 


04/01/96 


37H .0101 




10:16 NCR 2069 


04/01/96 


.0102 




10:16 NCR 2069 


04/01/96 


.0103 - 


.0104 


10:16 NCR 2069 


04/01/96 


371 .0101 




10:16 NCR 2069 


04/01/96 


PASTORAL COUNSELORS, FEE-BASED PRACTICING 




21 NCAC 45 .0201 




10:16 NCR 2082 


03/01/96 


.0301 




10:16 NCR 2082 


03/01/96 


.0402 




10:16 NCR 2082 


03/01/96 


.0501 




10:16 NCR 2082 


03/01/96 


.0601 




10:16 NCR 2082 


03/01/96 


.0701 




10:16 NCR 2082 


03/01/96 


.0801 - 


.0802 


10:16 NCR 2082 


03/01/96 


.0901 




10:16 NCR 2082 


03/01/96 


.1001 




10:16 NCR 2082 


03/01/96 


PHARMACY, BOARD OF 






21 NCAC 46 .1204 




10:16 NCR 2085 


05/01/96 


.1317 




10:16 NCR 2085 


05/01/96 


.1401 - 


.1404 


10:16 NCR 2085 


05/01/96 


.1406 




10:16 NCR 2085 


05/01/96 


.1408 




10:16 NCR 2085 


05/01/96 


.1410- 


.1417 


10:16 NCR 2085 


05/01/96 


.1505 




10:16 NCR 2085 


05/01/96 


.1601 - 


.1604 


10:16 NCR 2085 


05/01/96 


.1607 




10:16 NCR 2085 


05/01/96 


.1701 - 


.1705 


10:16 NCR 2085 


05/01/96 


.1810- 


.1811 


10:16 NCR 2085 


05/01/96 


.1910 




10:16 NCR 2085 


05/01/96 


.2104 




10:16 NCR 2085 


05/01/96 


.2403 




10:16 NCR 2085 


05/01/96 


.2502 




10:16 NCR 2085 


05/01/96 


.2504 




10:16 NCR 2085 


05/01/96 


.2506 




10:16 NCR 2085 


05/01/96 


.2602 




10:16 NCR 2085 


05/01/96 


.2609 




10:16 NCR 2085 


05/01/96 


.2611 




10:16 NCR 2085 


05/01/96 


PROFESSIONAL COUNSELORS 






21 NCAC 53 .0310 




10:01 NCR 40 


07/01/95 


PSYCHOLOGY BOARD 








21 NCAC 54 .1604- 


.1605 


10:16 NCR 2111 


03/01/96 


.1608 




10:16 NCR 21 11 


03/01/96 


.1610 




10:16 NCR 2111 


03/01/96 


.1703 - 


.1705 


10:16 NCR 21 11 


03/01/96 


.1801 - 


.1803 


10:16 NCR 2111 


03/01/96 


.1901 




10:16 NCR 2111 


03/01/96 


.1904 




10:16 NCR 21 11 


03/01/96 


.2001 - 


.2005 


10:16 NCR 2111 


03/01/96 



04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 

04/01/96 
04/01/96 
04/01/96 
04/01/96 

04/01/96 
04/01/96 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



69 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 







.2007 - 


.2009 


10:16 NCR 2111 


03/01/96 






.2101 




10:16 NCR 2111 


03/01/96 






.2103 




10:16 NCR 2111 


03/01/96 






.2201 - 


.2204 


10:16 NCR 2111 


03/01/96 


PUBLIC EDUCATION 








16 NCAC 


06A 


.0001 - 


.0002 


10:16 NCR 1997 


04/01/96 




06B 


.0001 - 


.0002 


10:16 NCR 1997 


04/01/96 






.0004 - 


.0006 


10:16 NCR 1997 


04/01/96 




06C 


.0101 




10:15 NCR 1565 


04/01/96 






.0313 




10:15 NCR 1565 


04/01/96 




06D 


.0102 




10:16 NCR 1997 


04/01/96 






.0104 




10:16 NCR 1997 


04/01/96 






.0106 




10:07 NCR 584 


11/01/95 






.0301 - 


.0302 


10:16 NCR 1997 


04/01/96 




06E 


.0101 - 


.0102 


10:16 NCR 1997 


04/01/96 






.0104 




10:16 NCR 1997 


04/01/96 






.0202 




10:16 NCR 1997 


04/01/96 




06G 


.0301 - 


.0303 


10:16 NCR 1997 


04/01/96 




06H 


.0001 




10:16 NCR 1997 


04/01/96 






0006 - 


.0008 


10:16 NCR 1997 


04/01/96 


REAL ESTATE COMMISSION 






21 NCAC 


58A 


.0104 




10:16 NCR 2124 


03/01/96 






.0107 




10:16 NCR 2124 


03/01/96 






.0113 




10:16 NCR 2124 


03/01/96 






.0302 




10:16 NCR 2124 


03/01/96 






.0401 - 


.0402 


10:16 NCR 2124 


03/01/96 






.0502 




10:16 NCR 2124 


01/01/97 






.0503 - 


.0506 


10:16 NCR 2124 


03/01/96 






.0510 




10:16 NCR 2124 


03/01/96 






.0610 




10:16 NCR 2124 


03/01/96 






.1702 




10:16 NCR 2124 


03/01/96 




58C 


.0104 




10:16 NCR 2124 


03/01/96 






.0305 - 


.0307 


10:16 NCR 2124 


03/01/96 






.0311 - 


.0312 


10:16 NCR 2124 


03/01/96 




58E 


.0203 - 


.0204 


10:16 NCR 2124 


03/01/96 






.0302 




10:16 NCR 2124 


03/01/96 






.0304 




10:16 NCR 2124 


03/01/96 






.0310 




10:16 NCR 2124 


03/01/96 






.0406 - 


.0407 


10:16 NCR 2124 


03/01/96 






.0411 




10:16 NCR 2124 


03/01/96 






0503 




10:16 NCR 2124 


03/01/96 






.0511 




10:16 NCR 2124 


03/01/96 


REVENUE 












1 7 NCAC 


09K 


.0201 




10:16 NCR 2006 


01/01/96 


SECRETARY OF STATE 






18 NCAC 


06 


.1205 - 


.1206 


10:05 NCR 306 


09/01/95 






.1208 




10:05 NCR 306 


09/01/95 






.1302- 


.1305 


10:05 NCR 306 


09/01/95 






.1313 




10:05 NCR 306 


09/01/95 




09 






10:16 NCR 2015 








.0101 - 


.0108 


10:19 NCR 2480 


04/01/96 






.0101 - 


.0116 






SOCIAL WORK, 


BOARD OF 






21 NCAC 


63 


.0306 




10:13 NCR 1185 


01/01/96 


STATE PERSONNEL 








25 NCAC 


01C 


.0207 




10:04 NCR 264 


08/01/95 






.0402 - 


.0408 


10:04 NCR 264 


08/01/95 



04/01/96 



Notice on Subject Matter 
Temporary Adoption Eff. 1/1/96 
Filed Temporary .0101-0108 10-19 



70 



NORTH CAROLINA REGISTER 



April 1, 1996 



11:1 



CUMULATIVE INDEX 





Agency/Rule Citation 






Fiscal Note 


Effective 
Date 




Proposed in 
Register 


Proposed 

Effective 

Date 


Other Information 


State 


Local 



21 NCAC 



21 NCAC 



01D 


.0201 




10:04 NCR 


264 


08/01/95 




.0205 




10:04 NCR 


264 


08/01/95 




.0207 




10:04 NCR 


264 


08/01/95 




.0211 


- 


10:04 NCR 


264 


08/01/95 




.0808 




10:04 NCR 


264 


08/01/95 




.1001 




10:04 NCR 


264 


08/01/95 




.1009 




10:04 NCR 


264 


08/01/95 




.1201 




10:04 NCR 


264 


08/01/95 




.1204 




10:04 NCR 


264 


08/01/95 




.1401 




10:04 NCR 


264 


08/01/95 




.1801 - 


.1802 


10:04 NCR 


264 


08/01/95 


01E 


.0804 




10:04 NCR 


264 


08/01/95 


OIK 


.0312 




10:04 NCR 


264 


08/01/95 


ITIC 


RECREATION CERTIFICATION BOARD 


65 


.0004 




10:16 NCR 2140 


02/01/96 




.0006- 


.0007 


10:16 NCR 2140 


02/01/96 


RY MEDICAL BOARD 








66 


.0101 




10:16 NCR 2143 


04/01/96 




.0105 - 


.0106 


10:16 NCR 2143 


04/01/96 




.0108 




10:16 NCR 2143 


04/01/96 




.0201 - 


.0203 


10:16 NCR 2143 


04/01/96 




.0205 - 


.0210 


10:16 NCR 2143 


04/01/96 




.0301 




10:16 NCR 2143 


04/01/96 




.0303 - 


.0308 


10:16 NCR 2143 


04/01/96 




.0310 - 


.0311 


10:16 NCR 2143 


04/01/96 




.0601 




10:16 NCR 2143 


04/01/96 




.0606 




10:16 NCR 2143 


04/01/96 




.0703 




10:16 NCR 2143 


04/01/96 



11:1 



NORTH CAROLINA REGISTER 



April 1, 1996 



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BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 



CODE 



ONE-TIME 

PURCHASE 

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ANNUAL 

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Title 1 - Dept. of Administration 

Division of Purchase & Contract 
Federal Block Grant Funds 



Full Title 



Title 2 - Dept. of Agriculture - Full Title 

Food & Drug Protection Division 
Structural Pest Control Committee 
Agricultural Markets 
Plant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Full Title 

Title 4 - Dept. of Commerce - Full Title 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industrial Commission/Workers Compensation 

Savings Institutions Division 

Title 5 - Dept. of Corrections - Full Title 

Division of Prisons 

Title 6 - Council of State - Full Title 

Title 7 - Dept. of Cultural Resources - Full Title 

Title 8 - State Board of Elections - Full Title 

Title 9 - Offices of the Governor & Lt. Governor - Full Title 

Title 10 - Dept. of Human Resources - Full Title 

Licensing of Health Facilities 

Detention Facilities 

Mental Health & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf & Hard of Hearing 

Employment Opportunities 

Title 1 1 - Dept. of Insurance - Full Title 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Engineering & Building Codes 

Title 12 - Dept. of Justice - Full Title 

Private Protective Services 

Police & Sheriff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Title 13 - Dept. of Labor - Full Title 

Mine & Quarry Safety 

General Safety/OSHA 

Wage & Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 

Title 14A - Dept. of Crime Control & Public Safety - Full Title 

Alcohol Law Enforcement 
Victims Compensation Fund 



Title 15A - Dept. of Environ., 

Environmental Management 

Air Quality 

Water Quality 

Land & Waste Management 

Solid Waste Management 

Underground Storage Tanks 



Health. & Nat. Resources - Full Title 



201 00 00 

201 10 05 

201 10 33 

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202 15 09 
202 1 5 34 
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202 1 5 48 

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204 1 5 02 
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204 1 5 06 
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204 15 16 

206 00 00 

205 1 5 02 

206 00 00 

207 00 00 

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210 20 10 
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210 20 30 
210 20 40 
210 20 41 
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210 20 44 

210 20 45 

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21 1 10 01 
211 10 04 
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211 10 08 

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213 15 06 

213 20 00 
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213 15 14 

213 15 15 

214 00 00 

214 00 08 

2 1 4 00 11 

215 00 00 

215 15 00 
215 15 10 
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215 15 30 
215 15 31 
215 15 32 



$63.00 

$21.00 
$17.50 

$98.00 

$28.00 
$21.00 
$21.00 
$21.00 
$21.00 

$7.00 

$87.50 

$12.00 
$24.50 
$14.00 
$14.00 
$14.00 
$24.50 

$56.00 

$24.50 

$21.00 

$21.00 

$7.00 

$31.50 

$346.50 

$45.50 
$31.50 
$77.00 
$119.00 
$31.50 
$31.50 
$28.00 
$17.50 
$35.00 

$63.00 

$56.00 
$24.50 
$17.50 
$28.00 
$21.00 

$63.00 

$21.00 
$31.50 
$17.50 

$77.00 

$14.00 
$31.50 
$14.00 
• $14.00 
$14.00 
$14.00 

$31.50 

$17.50 
$14.00 

$276.50 

$115.50 

$49.00 
$49.00 
$56.00 
$35.00 
$17.50 



$90.00 

$30.00 
$25.00 

$140.00 

$40.00 
$30.00 
$30.00 
$30.00 
$30.00 

$10.00 

$125.00 

$40.00 
$35.00 
$20.00 
$20.00 
$20.00 
$35.00 

$80.00 

$35.00 

$30.00 
$30.00 
$10.00 
$45.00 

$495.00 

$65.00 
$45.00 
$110.00 
$170.00 
$45.00 
$45.00 
$40.00 
$25.00 
$50.00 

$90.00 

$80.00 
$35.00 
$25.00 
$40.00 
$30.00 

$90.00 

$30.00 
$45.00 
$25.00 

$110.00 

$20.00 
$45.00 
$20.00 
$20.00 
$20.00 
$20.00 

$45.00 

$25.00 
$20.00 

$395.00 

$165.00 
$70.00 
$70.00 
$80.00 
$50.00 
$25.00 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


215 15 40 


$31.50 


$45.00 


215 25 00 


$105.00 


$150.00 


215 25 10 


$42.00 


$60.00 


215 25 20 


$35.00 


$60.00 


215 25 30 


$59.50 


$85.00 


215 25 31 


$17.60 


$25.00 


216 00 00 


$21.00 


$30.00 


216 10 06 


$21.00 


$30.00 


217 00 00 


$91.00 


$130.00 


217 15 10 


$31.50 


$45.00 


217 15 20 


$56.00 


$80.00 


217 15 27 


$31.50 


$45.00 


217 15 29 


$21.00 


$30.00 


218 00 00 


$21.00 


$30.00 


218 10 06 


$21.00 


$30.00 


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$63.00 


$90.00 


219 1002 


$28.00 


$40.00 


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$35.00 


$50.00 


220 00 00 


$31.50 


$45.00 


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$205.00 


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$0.00 


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$7.00 


$10.00 


225 00 00 


$42.00 


$60.00 


226 00 00 


$7.00 


$10.00 


227 00 00 


$42.00 


$60.00 


299 99 98 


$375.00 


$750.00 


266 00 00 




$750.00 


266 60 00 


-- 


$250.00 


288 50 00 


$295.00 


$475.00 


288 80 00 


$40.00 


$75.00 


299 90 00 


$16.00 





Coastal Management 

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Title 1 6 - Dept. of Public Instruction - Full Title 

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Title 1 8 - Secretary of State - Full Title 

Securities Division 

Title 19A - Dept. of Transportation - Full Title 

Division of Highways 
Division of Motor Vehicles 

Title 20 - Dept. of the State Treasurer - Full Title 

Title 21 - Occupational Licensing Boards - Full Title 

TirJe 22 - Administrative Procedures Act - Repealed 

Title 23 - Dept. of Community Colleges - Full Title 

Title 24 - Independent Agencies - Full Title 

Tide 25 - Office of State Personnel - Full Title 

Title 26 - Office of Administrative Hearings - Full Title 

Title 27 - North Carolina State Bar - Full Title 

North Carolina Administrative Code - Full Code 

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